IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 777 of 2011(V) ------------------------ PETITIONER(S): --------------- 1. GOVINDA PILLAI.C., AGED 58 YEARS, S/O.LATE CHELLAPPAN PILLAI, ILLATHU KIZHAKKE THARAYIL, CHOOLATHERUVU P.O., MUTHUKULAM NORTH, ALAPPUZHA - 690506. 2. KUNJU LAKSHMANAN, AGED 58 YEARS, S/O.LATE KUNJU PILLAI, LIJEESH BHAVAN, RAMANCHERY, ARATTUPUZHA P.O., ALAPPUZHA - 690565. 3. K.K.UNNITHAN, AGED 58 YEARS, S/O.LATE RAGHAVAN UNNITHAN, VAKKAYIL PUTHEN VEEDU, MUTHUKATTUKARA, NOORANAD P.O., ALAPPUZHA - 690504. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): --------------- 1. THE GENERAL MANAGER, BHARATH SANCHAR NIGAM LIMITED, ALAPPUZHA S.S.A., ALAPPUZHA - 688001. 2. MAJOR ALEXANDER MATHEW, ACER GUARDS, NO.QMC - 774, VALES STUDIO BUILDINGS, ANCHUKALLUMOODU, THIRUMULLAVARAM P.O., KOLLM - 691012. 3. THE DIRECTORATE GENERAL RE-SETTLEMENT, DEPARTMENT OF EX-SERVICE MEN WELFARE, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, BEST BLOCK - 4, R.K.PURAM, NEW DELHI - 110001. BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R3 BY SRI.C.S.RAMANATHAN SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.777 of 2011 ------------------------------- Dated this the 20th day of January, 2011 J U D G M E N T The petitioners are ex-service men. They are the employees of an organization run by the second respondent which has entered into a contract with the Bharat Sanchar Nigam Ltd. to provide security services in the installations of BSNL. In this writ petition, the petitioners challenge Exts.P2, P3 and P4 letters issued by the second respondent informing them that their services will stand terminated from 11.1.2011 on their attaining the age of 58 years. The petitioners also seek a direction to the first respondent to retain them in service till they attain the age of 60 years. 2. Sri.C.S.Ramanathan, the learned standing counsel appearing for BSNL submitted that the second respondent has modified Exts.P2 to P4 orders stating that as per the regulations issued by the Director General of Resettlement, the retirement age for ex- service men is 58 years. The learned counsel also submitted with reference to Ext.P1 that the dispute is between the petitioners and their employer, the second respondent, and the BSNL is not bound to engage the petitioners, if their employer has terminated their services. The petitioners are not employees of the Bharat Sanchar Nigam Ltd. They are employees of the second respondent. If their employer has W.P.(C) No.777 of 2011 2 terminated their services, their remedy is to raise a dispute and to have the same resolved under the provisions of the Industrial Disputes Act. In such circumstances, no relief can be granted to the petitioners. The writ petition fails and is accordingly dismissed. It will be open to the petitioner to challenge the termination of their services in other appropriate proceedings. P.N. RAVINDRAN, JUDGE. nj.