BRAHM PRAKASH BANSAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition is to the decision of the respondents contained in its letter dated 2nd May, 1991 wherein it had been decided that uniform rate of commission will be paid to all the hirers/franchisees of S.T.D. local Pay phones, they will be entitled to retain the same by way of commission 20 paise per unit call upto 10,000 calls in a month and 10 paise per unit call thereafter in that month.

(2.) The grievance of the petitioners is that their application for grant of franchise was approved prior to 2nd May 1991 and at that time the commission payable was 20 paise per unit call for all the calls.

(3.) There was an advertisement in the newspaper in February 1991 announcing the franchise scheme for Telecom Centres. It is mentioned in this advertisement that a commission of 20 paise per unit call can be retamed by the franchise bolder. There is a note in this very advertisement to the effect that the respondents inter alia reserve the right to prescribe or change the share payable to the Agency. It also retains the right to fix the upper limit for the rates chargeable from the customers or for the various services run from the Telecom Centre.