IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 13745 of 2008(J) -------------------------- PETITIONERS: --------------- M/S.ARJUN SECURITY AGENCIES, REPRESENTED BY ITS PROPRIETOR, COL.N.V.GOPINATHAN NAMBIAR (RETD), ROOM NO.G.40, GROUND FLOOR, KAOSAR COMPLEX, CALTEX JUNCTION, P.O.CIVIL STATION KANNUR DISTRICT, KERALA. BY ADV. MR. G.GIREESH MR. U.BALAGANGADHARAN RESPONDENTS: --------------- 1. PRASAR BHARATHI (BROADCASTING CORPORATION OF INDIA), REPRESENTED BY DIRECTOR GENERAL, DOORDARSHAN, COPERNICUS MARG, DOORDARSHAN BHAVAN, NEW DELHI. 2. DOORDARSHAN MAINTENANCE CENTRE, REPRESENTED BY ASSISTANT STATION ENGINEER, KRISHNA NAGAR, POOTHOLE, THRISSUR-680 004. ADV. MR. N.N.SUGUNAPALAN, SC, DOORDARSHAN MR. S.SUJIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 13745 OF 2008 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE SPONSORSHIP FOR SECURITY ALLIED SERVICES ISSUED BY THE DGR TO THE PETITIONER AGENCY EXT. P2 : TRUE COPY OF THE COMMUNICATION DATED 28.09.2005 ISSUED BY 2ND RESPONDENT TO THE PETITIONER. EXT. P2 (a) : TRUE COPY OF THE AGREEMENT ENTERED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. EXT. P3 : TRUE COPY OF HE APPENDIX “S” TO THE MINIMUM WAGES ISSUED BY MINISTRY OF DEFENCE. EXT. P4 : TRUE COPY OF THE NOTIFICATION DATED 17.04.2007 ISSUED BY THE MINISTRY OF DEFENCE. EXT. P5 : TRUE COPY OF THE NOTIFICATION DATED 20.12.2007 ISSUED BY THE MINISTRY OF DEFENCE. EXT. P6 : TRUE COPY OF THE CIRCULAR DATED 28.07.2006 ISSUED BY 1ST RESPONDENT. EXT. P7 : TRUE COPY OF THE LETTER DATED 25.06.2007 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT. P8 : TRUE COPY OF THE LETTER DATED 07.04.2008 ISSUED BY 2ND RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 13745 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th July , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to pay revised wages to the Security personnel sponsored by the petitioner agency to Doordarshan Maintenance Centre, Thrissur, as per the schedule of rates at Exts. P3, P4 and P5 and pay arrears thereon with effect immediate; ii. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent not to terminate the services of the security personnel as sponsored by the petitioner agency till the condition of the contractual period unless express sanction is obtained from DGR; iii. Declare that the termination of the agency of the petitioner with effect from 1.5.2008 is highly arbitrary and petitioner has every right to continue till the completion of extended period of contract and further the security guards sponsored is notified by the DGR at Exts. P3, P4 and P5 and further termination of agency without sanction of D.G.R. is bad. iv. Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case. v. Award cost of these proceedings. W.P. (C) No. 13745 of 2008 : 2 : 2. The learned counsel for the petitioner submits that the issue involved in this case is squarely covered by the judgment dated 17th September, 2009 of this Court in W.P.(C) No. 16887 of 2009. It is further submitted that, the appeal preferred against the said judgment by the respondents therein has been dismissed. The said fact is fairly conceded by the learned standing counsel appearing for the respondents as well. In the said circumstances, this Writ Petition is allowed, in terms of the judgment in W.P.(C) No. 16887 of 2009 dated 17th September, 2009. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd