GAS SECURITY SERVICES (INDIA) PVT. LTD. Vs. DIRECTOR GOVERNMENT OF INDIA MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES DEPARTMENT OF PUBLIC ENTERPRISES AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer to quash the decision taken by opposite party Nos. 1 and 2 in implementing the Office Memoranda dated 11.11.1994, 18.3.1996, 1.2.1999 and 4.10.2005.

(2.) NATIONAL Aluminium Company Limited (in short 'NALCO') is an undertaking of the Government of India which engages security guards for the purpose of security of the Factory/Offices. The Petitioner company is a private limited company registered under the Companies Act, 1956 whose main aim and object is to set up and provide complete security systems to the Banks, individuals, commercials and Government establishments incorporated since in the year 1988. Initially the Petitioner -company was knows as Raj Security India Private Limited and consequent upon the change of name at present it is incorporated as G4S Security Services (India) Private Limited having its registered Office at New Delhi and Regional Office at Bhubaneswar (Orissa). It is having other branches in other parts of the country also. The Petitioner company has been engaged for providing security to NALCO since 1998 vide Work Order No. CPP/H&A/98/4037 dated 25.5.1998 in NALCO Township, S&P complex, Angul and has been continuing as such till date with opposite party Nos. 6 & 7 by virtue of extension of the contract, the last being expiring on 31.7.2008. In the meantime, an advertisement was published by NALCO in the newspaper inviting tenders for providing comprehensive security services from DGR sponsored security agencies only for NALCO, meaning thereby that the Petitioner and other Security Companies are deprived of applying this time. Hence, the Petitioner filed the instant writ petition challenging the said advertisement.

(3.) VIDE Office Memorandum dated 4.10.2005 issued by the Government of India, Ministry of Heavy Industries and Public Enterprises, Department of Public Enterprises, all the administrative ministries/departments were requested to issue necessary instructions to the Public Sector Enterprises under their administrative control to obtain contract security services from the Directorate General of Resettlement (DGR) or from State ESM Corporations for sponsoring Ex -Servicemen Security agencies on their panel.