Supreme Court of India

Krantikari Suraksha Rakshak Sanghatana v. Bharat Sanchar Nigam Ltd. and Ors.

Neutral citation
Reported as [2008] 12 S.C.R. 649
Bench Dr. Arijit Pasayat, Lokeshwar Singh Panta and P. Sathasivam JJ.
Decided 25 August 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that considering the Act and the Scheme and to proper and smooth functioning of the said scheme, it will have to E be held that the Board has power to wifhdraw a Security Guard from one establishment and to re-allot him to another establishment and we must mention at this stage that Shri Mahanty who was withdrawn on 4th of July 1988 was immediately re-allotted on 5th of July, 1988.

Judgment, page 21

From the headnote

Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981; Ss. 1 ( 4), (2), 19, 20 & 21 c and Schem(1s 1981 and 2002 made thereunder: Employer-employee relationship - Security Guards Board - Power to recruit, select, appoint, allot, promote, terminate, recall, re-allot or transfer-· Held: Person who has- ultimate control over the affairs of the factory/establishment -..,f, where security guard deployed is employer/principal employer - 1981 Act is a complete code - Board has been vested with ) . all powers to regulate all aspects of employment/service conditions of

Authorities it was built on

Where later benches applied it

Of those, 1 referred to · 1 mentioned

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