The commission payable to operators is 0.20 paise per unit call and not 20% of the call charges. In case of increase in call charges to Rs.1.25 paise per unit call the franchisees are entitled to 0.20 paise per unit call only and not 20% of the call charges. Fixation of tariff for call unit is a legislative process and cannot be gone into while exercising powers under Art.226 of the Constitution of India.
Rights of the public telephone
booth operators are only as licencees issued by the department. The licence does not give them any vested
right to claim any percentage of commission on the basis of call charges. Nor they are entitled to question the slab
system of commission fixed by the Government. [Rajiv Kesavan v. Union of India. AIR 1996 Ker. 229. Justice Sri.K. Sreedharan]
(Note: The Second point was
reversed by the Division Bench in W.A.No.1748/95 and connected cases 1999(1) KLT
SN.43. Page 41. Chief Justice
K.T.Thomas and S.Sankarasubban(J)] [
R.P.No.451/97 and connected cases dismissed on 10th March,2000 by
K.S.Radhakrishnan & S.Sankarasubban (J&J)]
Judgment regarding commission
referred to above is
declaratory. Direction issued above is applicable to all franchisees who have
executed prior to 14-8-1992. No question of res judicata arises. [Suma Mathew and ors vs.
General Manager (Telecom) and ors AIR 1998 Ker 182. 1998(1) KLJ 659. S.Sankarasubban (J)]
Public Call officers are running on the basis of the contract entered
into between the parties . Contractual matters . No jurisdiction under Art.226
of the Constitution of India. [ KA.S.Senthilnathan vs
Union of India. AIR 1997 Mad 208 Chief Justice K.A.Swami (CJ) &
AR.Lakshmanan (J)]