Case Note & Summary
The petitioner, Maharashtra Suraksha Rakshak Aghadi, a registered trade union representing private security guards, filed a writ petition challenging two notifications dated 24.7.2003 and 8.11.2004 issued by the State of Maharashtra under Section 23 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. These notifications granted exemption to two security agencies, M/s. Siemens India Limited and M/s. Industrial Guards Services Pvt. Ltd., from the provisions of the Act and the Scheme framed thereunder. The petitioner contended that the benefits provided to the security guards by these agencies were not on the whole not less favourable than those under the Act or Scheme, as required by Section 23. The respondents, including the State, the Security Guards Board, and the two agencies, argued that the exemptions were granted after due consideration and that the benefits were comparable. The court examined the provisions of the Act, particularly Section 23, which empowers the State to grant exemption if the security guards are in receipt of benefits which are on the whole not less favourable. The court held that the comparison must be of the totality of benefits, not each individual benefit. It found that the notifications were validly issued after considering the relevant factors and that the petitioner had not made out a case for interference. The petition was dismissed.
Headnote
A) Industrial Law - Private Security Guards - Exemption under Section 23 - The State Government granted exemption to two security agencies under Section 23 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. The petitioner trade union challenged the notifications, arguing that the benefits provided to the guards were not on the whole not less favourable. The court held that the comparison must be of the totality of benefits, not item-by-item, and that the notifications were validly issued after considering the relevant factors. (Paras 1-10)
Issue of Consideration
Whether the exemption notifications dated 24.7.2003 and 8.11.2004 issued under Section 23 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 are valid, considering that the security guards concerned may not be receiving benefits that are on the whole not less favourable than those provided under the Act or Scheme
Final Decision
The writ petition is dismissed. The exemption notifications dated 24.7.2003 and 8.11.2004 are upheld.
Law Points
- Exemption under Section 23 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act
- 1981 requires that benefits to security guards are on the whole not less favourable than those under the Act or Scheme
- not that each individual benefit must be equal or better
