SYNOPSIS

Scope Of Work
TCIL is a prime engineering and consultancy company.
(wholly owned Government of India Public Sector Enterprise under the administrative control of
the Department of Telecommunications(DOT), Ministry of Communications, Government of
India )
Provides Indian telecom expertise in all fields of telecom, Civil and IT to developing countries
around the world.
It’s core competence is in the fields of Switching, Transmission Systems, Cellular services, Rural
Telecommunication, Optical fiber based backbone trans systems, IT & Networking Solutions,
Application Software, e-Governance, 3G Network, WIMAX Technology and also Civil
construction projects.

Governance
It is regulated under The Telecom Regulatory Authority of India Act,1997.
An act to provide for appellate tribunal to regulate the telecommunication services, adjudicate
disputes, dispose of appeals.
According to section 2(k) telecommunication service means service of any description
9including electronic mail, voice mail, data services, audio tax services, telephone services
which is made available to users by means of any transmission or reception of signs, signals,
writing, images and sounds or intelligence of any nature….
According to S.27 No civil court shall have jurisdiction in respect of any matter which the
authority is empowered by or under this Act to determine.
According to S.14. Establishment of Appellate Tribunal .—The Central Government shall, by
notification, establish an Appellate Tribunal to be known as the Telecom Disputes Settlement
and Appellate Tribunal to—
(a) adjudicate any dispute—
(i) between a licensor and a licensee;
(ii) between two or more service providers;
(iii) between a service provider and a group of consumers:

Provided that nothing in this clause shall apply in respect of matters relating to—
(A) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the
jurisdiction of the Monopolies and Restrictive Trade Practices Commission established under sub-section (1) of
section 5 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969);
(B) the complaint of an individual consumer maintainable before a Consumer Disputes Redressal Forum or a
Consumer Disputes Redressal Commission or the National Consumer Redressal Commission established under
section 9 of the Consumer Protection Act, 1986 (68 of 1986)
(C) dispute between telegraph authority and any other person referred to in sub-section (1) of section 7B of the
Indian Telegraph Act, 1885 (13 of 1885);
(b) hear and dispose of appeal against any direction, decision or order of the Authority under this Act.

According to S.14A Application for settlement of disputes and appeals to Appellate Tribunal. —
(1) The Central Government or a State Government or a local authority or any person may make
an application to the Appellate Tribunal for adjudication of any dispute referred to in clause (a)
of section 14. (2) The Central Government or a State Government or a local authority or any
person aggrieved by any direction, decision or order made by the Authority may prefer an appeal
to the Appellate Tribunal.

Case laws
Rudraksha Constructions v. Tele Communications consultants Ltd. & Anr.
Citation - 2014 SCC OnLine Del 1612

The cause of action arose thereafter when the Plaintiff sent repeated communications and
reminders to the Defendant No. 1 to clear the said bills and release the monies due thereunder.
The cause of action further arose when the respondent did not pay any heed to the request for the
plaintiff pertaining to release of payment which was already overdue long time back.
Reading of the plaint leaves no room for doubt that the suit is hopelessly barred by the period of
limitation. Consequently, the suit [CS(OS) 2659/2011] suit is dismissed, as being barred by
limitation.

Sachin Kumar Vs. Union of India

Citation - 2017 SCC OnLine Del 11631

The appellant has urged that although he had tendered his resignation with immediate effect, it did
not become operative till the time the same was accepted by the appointing authority in accordance
with the rules applicable to respondent No. 2. Further, that the resignation having been withdrawn
by him on 19.3.2012, prior to its purported acceptance by the appointing authority, the relationship
of employer and employee between the parties continued to subsist and consequently he was
entitled to continue in service; which right had been denied to him by TCIL contrary to its own
rules and regulations, and in the teeth of judicial precedents. In the impugned judgment dated
09.09.2016, the learned Single Judge after considering the rival contentions as well as the relevant
decisions relied upon by the parties, found that the petition was an idle after-thought, lacked in
merit, and dismissed it accordingly.
 ARBITRATION CASE
2016 SCC OnLine Mad 9352 – High court of madras.
Telecommunications consultants Ltd. Vs.
1. the Bharat Sanchar Nigam limited

2. the Deputy General Manager (C&A) West, Bharat Sanchar Nigam limited

3. Mr. V. Prabhakar (Sole Arbitrator)

These are two cross petitions challenging the award dated 04.03.2013 by BSNL and TCIL. Both
the parties are aggrieved by the award passed. TCIL is aggrieved by the fact that only 50% of the
claimed amount has been awarded in its favor.

On the other hand, BSNL is aggrieved by the fact that the Arbitrator has passed an award for 50%
of the claimed amount without quantifying the work carried out by TCIL

BSNL is aggrieved by the fact that the Arbitrator took recourse to adhocism in awarding 50% of
the claim without any basis. It was the say of BSNL that it was incumbent upon TCIL to prove its
claim. Both counsels submit that the matter requires to be revisited. Accordingly, learned counsel
for the parties agreed, that the impugned award needs to be set aside. It is ordered accordingly.