PROVIDENCE PROTECTION, DETECTIVES Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner described himself as a Providence Protection and Detectives represented by its Manager has filed the present writ petition seeking for a direction to the third respondent BSNL to implement the revised minimum wages fixed by the second respondent to settle the payment of arrears and leave relief payment together with service charges and service tax applicable as per DGR guidelines with interest.

(2.) Learned counsel for the petitioner is unable to state the nature of the constitution of the petitioner. In the affidavit, there is no description of the petitioner and in the typed set also there is no certificate showing the correct status of the petitioner and on the short ground the writ petition is liable to be dismissed as not maintainable.

(3.) In any event, when the matter came up on 05.01.2011, notice of motion was ordered. On notice from this Court, the third respondent filed a counter affidavit. In the counter counter, it was stated that it is a matter of contract between the petitioner and the third respondent and the contract entered into between the parties and also provides for arbitration clause and therefore, if the petitioner aggrieved by the non payment of extra remuneration, he has to avail remedy only by way of arbitration. Apart from the objection with reference to the maintainability, on the factual dispute, in paragraph 8 of the counter affidavit, it was stated as follows: