VISAKHA PUBLIC TELEPHONE ATTENDANTS WELFARE ASSOCIATION VISAKHAPATNAM Vs. COMMISSIONER OF LABOUR A P HYDERABAD

JUDGEMENT

(1.) A short but interesting question arises for consideration in this writ petition filed by Visakha Public Telephone Attendants Welfare Association, Visakhapatnam ('Association' for brevity). Whether STD Public Telephone Booth Agent is required to get registered under Section 3(1) of A.P. Shops and Establishments Act, 1988 ('the Act' for short) when such agent is only running the Telephone Booth on behalf of the Department of Telecommunications, Government of India, and holds moneys collected in trust? Before considering the question, it would be necessary to refer to the facts albeit in brief - as disclosed in the affidavit accompanying the writ petition as well as, to some extent admitted in the counter-affidavit filed on behalf of the respondents.

(2.) Members of the petitioner association were appointed as STD Public Telephone Agents in the city of Visakhapatnam. They were required to execute agreement for provision of STD booth. The agreement is valid for one year. Clause 15 of the said agreement stipulates that every agent has to agree to give a guarantee of assured PT calls worth of Rs.1,600/- and also give security deposit of Rs.9,600/- as a guarantee money. Clause 33 takes care of the payment to be made by the Department of Telecommunications to agents and reads as under:

(3.) A telephone booth agent is not permitted to fix the call rate charges as he wishes and he is bound to collect the call charges as stipulated in clause 50, and clause 38 lays down that STD PT call charges realized from the public callers are Government moneys and are held in trust by the STD PT agent on behalf of the department until the moneys are credited to the Government account and a valid receipt obtained therefor.