Kerala High Court
Ajithkumar K.V vs Director General Of Resettlement on 9 January, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY,THE 20TH DAY OF JUNE 2016/30TH JYAISHTA, 1938
W.P.(C).No.31713 of 2008 (A)
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PETITIONER(S):-
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1. AJITHKUMAR K.V., S/O.K.V.KUNHAPPAN NAIR,
K.V.NIVAS, P.O.KAPPAD, KANNUR.
2. P.NARAYANAN,GEETHAM HOUSE,
KARIMBAM P.O., THALIPARAMBA.
BY ADV. SRI.C.K.SREEJITH.
RESPONDENT(S):-
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1. DIRECTOR GENERAL OF RESETTLEMENT,
GOVT. OF INDIA, MINISTRY OF DEFENCE, NEW DELHI.
2. REGIONAL LABOUR COMMISSIONER (CENTRAL),
GOVT. OF INDIA, MINISTRY OF LABOUR & EMPLOYMENT,
KAKKANAD, COCHIN.
3. M/S.SOUTH PAW SECURITY & MANTECH PVT. LTD.,
30/287/A. IST FLOOR, POST OFFICE BUILDING,
TRIPUNITHURA, COCHIN - 38.
4. M/S.K.N.SECURITY & ALLIED SERVICES PVT.LTD.,
CIVIL STATION, KAKKANAD, COCHIN.
5. VISWANATHAN, SECURITY GUARD, BSNL,
TELEPHONE EXCHANGE, THOOVAKKUNNU, KANNUR.
6. CHANDRAN, SECURITY GUARD, BSNL TELEPHONE EXCHANGE,
IRITTY, KANNUR.
W.P.(C).No.31713 of 2008 (A) - 2 -
7. P.KUNHIRAMAN,SECURITY GUARD,
BSNL TELEPHONE EXCHANGE, PERAVOOR,
THALASSERY,, KANNUR.
8. SASIDHARAN, SECURITY GUARD,
BSNL TELEPHONE EXCHANGE, ERANHOLI,
THALASSERY,KANNUR.
9. DEVANANDAN, SECURITY GUARD,
BSNL TELEPHONE EXCHANGE, VALAPATTANAM, KANNUR.
10. RIJUKUMAR, SECURITY GUARD,
BSNL, CUSTOMER CARE, NEAR PRESS CLUB, KANNUR.
R1 & R2 BY ASST.SOLICITOR GENERAL OF INDIA SRI.N.NAGARESH
R1 & R2 BY CGSC SMT.M.LALITHA NAIR.
R8 BY ADVS. SRI.SAJAN VARGHEESE K.
SRI.LIJU. M.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
WP(C).No.31713 of 2008 (A)
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APPENDIX
PETITIONER(S)' EXHIBITS:-
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EXHIBIT P1 TRUE COPY OF THE TERMINATION LETTER DT.23.7.2007 ISSUED
BY THE DBR SPONSORED SECURITY AGENCY.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 09.01.2008 ISSUED BY
THE DIRECTOR GENERAL OF RESETTLEMENT, MINISTRY
OF DEFENCE, GOVT. OF INDIA.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DT.14.01.2008
SUBMITTED BEFORE THE REGIONAL LABOUR
COMMISSIONER (CENTRAL) BY THE ASSOCIATION.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DT.14.03.2008 SUBMITTED
BEFORE THE REGIONAL LABOUR COMMISSIONER (CENTRAL)
BY THE ASSOCIATION.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DT.02.06.2008 SUBMITTED
BEFORE THE REGIONAL LABOUR COMMISSIONER (CENTRAL)
BY THE ASSOCIATION.
EXHIBIT P6 TRUE COPY OF THE LETTER ISSUED BY THE REGIONAL
LABOUR COMMISSIONER (CENTRAL).
EXHIBIT P7 TRUE COPY OF THE LETTER DT.24.03.2009 ISSUED TO THE
2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.8(G)08/D2 ISSUED TO
THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS/ANNEXURES:-
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ANNEXURE R2(a) TRUE COPY OF THE LETTER NO.8(11)(20)(23)&(24)2008/D2.
Vku/- [ true copy ]
K. Vinod Chandran, J
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W.P.(C) No.31713 of 2008-A
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Dated this the 20th day of June, 2016
JUDGMENT
The petitioners were aggrieved by the termination effected after four years contract employment under the Bharat Sanchar Nigam Limited [for brevity "BSNL"]. The petitioners contend that the respondents 5 to 10 were appointed after their termination.
2. The contention taken up is that BSNL should not have terminated the petitioners; but the said authority is not seen impleaded. Further, the averments in the writ petition discloses that the petitioners were employed in the BSNL only by way of a contract. The BSNL had contract with private contractors. The petitioners were employees of the contractors and not of the BSNL. The scheme of re-settlement available to Ex-servicemen though speaks of regular employment, the WP(C) No.31713 of 2008 - 2 - petitioners were not employed under such a scheme. The petitioners were employed in the BSNL merely on the strength of a contract.
In the above circumstance, the writ petition is devoid of merit and the same is dismissed. No costs.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]