LAWS(JHAR)-2001-1-9

SHIKSHIT BEROJGAR Vs. UNION OF INDIA

Decided On January 31, 2001
SHIKSHIT BEROJGAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. R. S. Mazumdar, learned counsel for the petitioner and Mr. M. M. Prasad, learned Standing Counsel, Central Govt.

(2.) In this writ application the petitioner has challenged the notice, D/- 15-2-1993 as contained in Annexure 5 to the writ application issued by the Accounts Officer (TRA) department of Telecommunication whereby minimum guarantee amount was revised from Rs. 5000/- to Rs. 18, 300/- for the year, 1998-99 and Rs. 45,800/- resepctively.

(3.) It appears that pursuant to an advertisement the members of the petitioner-Union applied for public STD/Non STD Pay Phone booth and after fulfilling the terms and conditions including payment of minmum gurantee the members of the petitioner-Union were allowed to operate pay-phones booth on certain terms and conditions and the provisions contained in the letter of the DOT, New Delhi, D/- 14-8-1992. The case of the petitioner is that the respondents unilaterally decided to enhance the minmum guarantee of Rs. 5000/- which was fixed at the time of installation of the Pay-Phones. The contention of the petitioner is that after expiry of six months period, the security amount is to be worked out and the same should be equal to either one month's average revenue or six months minimum guarantee whichever is higher.