2002 LAB. I. C. 2088 ::(2003) 1 MahLR 334 ::(2002) 2 CurLR 846 ::(2002) 3 AllMR 723 (BOM) ::(2002) 4 Bom CR 497 ::(2002) 4 Mah LJ 758 ::(2003) 1 ServLR 737 ::(2002) 7 ServLR 737 ::2002 Bom LR 4 382

Bombay High Court

Hon'ble Judge(s): A. P. Shah, V. K. Tahilramani , JJ

(A) Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act (58 of 1981) , S.4(1)— Maharashtra Private Security Guards (Regulations of Employment and Welfare) Scheme (1981) , Cl.14(2), Cl.26, Cl.27(1)— Registration - Provision in Amendment Scheme for registration of employer agencies irrespective of whether any exemption is granted under S. 23 of Act - Is invalid. By Notification dt. 15-9-2001 the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Scheme (1981) was sought to be amended. The effect of the said amendment is that any employer, security agency or agent can undertake security work by engaging security guards even when the said security guards are not exempt from the provisions of the Act or the Scheme. There is no provision in the amendment scheme to ensure that the security guards are in the enjoyment of benefits, which are not less favourable to such security guards than the benefits provided under the Act and the scheme. Thus, by providing for registration of security guards agencies and by permitting such agencies to engage the security guards even when the said security guards are not exempt from the provisions of the Act and without ensuring any protection to the conditions of service of the security guards the amendment scheme makes the entire Act nugatory. Hence, the said Notification dt. 15-....