age were exempted from physical test. However the physical test continued in respect of those guards who are less than 35 years of age. Hence, the directions contained in the aforesaid Resolutions are referable to sub-section 4 of Section 8 of the Security Guards Act. It is required to be noted that in terms of the said Resolutions an “affected guard” was also exempted. An “affected guard” is one who is already working with a security agency and therefore such guards were classified separately and exempted from the Ground and Physical Tests. It is required to be noted that the selected guards have to fill up Form-B which is the form for registration. In so far as the Contempt Petition No. 185 of 2017 is concerned, it is purportedly filed on behalf of the security guards working with Mahindra & Mahindra. As indicated above, the Petitioner- Union has shown its reluctance to subject its members to the Physical Test which is prescribed for registration, in the process of registration of the security guards. The correspondence, therefore, indicates that the Respondent No.2 had informed the Petitioner to submit the forms within the time frame stipulated so as to enable the Respondent No.2 to issue them the letters for attending the Physical Tests. However, the Petitioner having not complied with the same, in our view no contempt would lie against the Respondent No.2 in so far as the non compliance of the order dated 21.12.2017 passed by the Division Bench.
