IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 15840 of 2008(I) -------------------------- PETITIONER: ------------ M/S.TAURUS SECURITY SERVICE, RE. BY ITS PROPRIETOR,LT.COL RTD.) C.K.BABU. TAUSUS SECURITY SERVICES, 2ND FLOOR IX/209, CIVIL LINE ROAD, PADAMUGAL, THRIKKAKARA.PO., KOCHI-682021 BY ADV. SRI.ALEXANDER THOMAS RESPONDENT: ------------- BHARATH SANCHAR NIGAM LTD.(BSNL), REP. B Y ITS GENERAL MANAGER(TELECOM DISTRICT), ALAPUZHA-688011 BY ADV. SRI. C.S. RAMANATHAN ADV. SRI. MATHEWS K. PHILIP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 15840 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 29th May, 2008. J U D G M E N T The petitioner is a security agency comprising of ex-service men, who have been given contracts by the respondent for providing security services to the respondent's Alappuzha Office. The same was extended and the same is current now up to 30-6-2008 and 31-12- 2008. The contracts provide that if the respondent has any complaint against any of the personnel deputed by the petitioner for security work in the respondent's establishment, the petitioner shall withdraw him from the work assigned to him. The respondent intimated to the petitioner that a particular security guard shown in Ext. P9 should be kept away from the security work in the respondent's premises. However, according to the petitioner, the petitioner could not do the same because of the orders issued by the Assistant Labour Commissioner in respect of an industrial dispute raised by that security guard. In the above circumstances, the respondent, in exercise of their right under the terms of the contract, issued notice proposing to terminate the contract. That notice is under challenge before me, which is Ext. P14. 2. Standing counsel for the B.S.N.L takes notice. According to him, as per the terms of the contract, the petitioner is bound to withdraw the security guard against whom the respondent raised complaint and therefore it is perfectly within their right to take proceedings for termination of the contract on the ground that the petitioner has violated the terms of the contract. After hearing both sides, a consensus has been reached to the effect that the petitioner would keep the security guard against W.P.C. No. 15840/2008. -: 2 :- whom the respondent has raised complaint away from the work in respondent's establishment and on that condition the contract can be continued. This consensus is recorded and the writ petition is closed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.