MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM DIVISION II LTD SATHUVACHERI VELLORE Vs. S GOUSELYA

JUDGEMENT

(1.) The Tamil Nadu Ex-Servicemen's Corporation Ltd. (for short Texco) represented by its General Manager is the Petitioner in W.P.(MD) No. 1913 of 2010. They have come forward to challenge an order of the Bharat Sanchar Nigam Ltd. (for short Bsnl), second Respondent, dated 30.11.2009. By the said order, the BSNL cancelled the Advance Work Order given in favour of the Texco. The reason given by them was that there were two writ petitions pending before this Court on the subject matter and that in W.P.(MD) No. 5266 of 2009, there has been an interim order against the BSNL. After cancelling the advance work order, the bank guarantee and the agreement submitted by them were returned to the writ Petitioner. Since the impugned order referred to two other writ petition, i.e. W.P.(MD)Nos.10233 of 2008 and 5266 of 2009, they were also directed to be listed along with this writ petition. Further since W.P.(MD) No. 4060 of 2010 also raised similar issue it was also tagged along with this writ petition.

(2.) In W.P.(MD) No. 10233 of 2008, the Petitioner is the Trichy Region Ex-servicemen and Family Welfare Association. They have filed the writ petition, seeking to challenge the order, dated 20.10.2008 issued by the Bsnl, Trichy. In that order, the BSNL informed the Texco rearranging the number of security guards to be supplied by Texco. It was informed to Texco that initially for the IMPCS towers, total security guards were 335. But their Corporate Office had informed that security guards should be posted only for major vital installations and sensitive store yard and other offices. Therefore, the offices at Trichy had to reduce the number of security guards posted for certain exchanges and offices. The list of security guards to be reduced or posted was also enclosed along with the impugned order. Therefore, the said Association comprising of the persons who were supplied as security guards by Texco apprehending that reduction of security guards supplied by Texco will result in their members being sent out of employment, had filed the writ petition. They also apprehended that after reducing almost 62 members of their association, the BSNL may go for outsourcing by private agencies at reduced cost which cannot be permitted.

(3.) When the matter came up on 21.11.2008, notice was taken by the counsel for the BSNL. He also undertook that status quo as on 21.11.2008 will continue. On notice from this Court, on behalf of the Director General Resettlement, the Government of India, a counter affidavit, dated 6.3.2009 was filed. In that counter affidavit, the Directorate General Resettlement, New Delhi in paragraph 6 had averred as follows: