PATEL TRADERS Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) These appeals have been preferred by the appellants against the common judgment dated 20.4.2010 passed by the learned Single Judge, whereby the respective writ petitions preferred by the appellants have been dismissed.

(2.) The brief facts of the case are that the appellants (hereinafter referred to as "the petitioners") are doing their business of franchisees as detailed in their respective petitions. In order to strengthen the sales and distribution channel, the respondent Bharat Sanchar Nigam Ltd. ("BSNL" for short) framed the Sales and Distribution Policy 2004, pursuant to which distributors and dealers were appointed, including the petitioners, for different telecom circles. The franchisees were required to function in the demarcated Secondary Switching Area (hereinafter referred to as "SSA") of a circle. The 2004 policy was replaced by the new policy viz. Sales and Distribution Policy, 2006 with variety of different objects whereby the earlier franchisees/distributors were mostly continued.

(3.) The grievance of the petitioners is that the earlier policy has been substituted by a new policy viz. Franchisee Sales and Distribution Policy 2009 which compels the petitioners to vacate the particular territories. Under Clause 4 of the 2009 Policy, the existing franchisees with 1 or 2 territories have been asked to migrate in one new territory, and the franchisees with 3 or 4 territories have been asked to migrate in 2 new territories. It is stipulated therein that the preference for new territories of franchisee will be taken in the order of franchisee performance based on certain parameters and, therefore, they have challenged Clause 4 of the Cover Note to the new Policy and and the process and procedure of selection as mentioned in Clause J of Section 3 of the Franchisee Sales and Distribution Policy - 2009.