M T SELECT Vs. TRACO CABLE COMPANY LTD

JUDGEMENT

(1.) IN these two writ petitions, the petitioners are unskilled workers of the Traco Cable Company Limited, the 1st respondent herein. For the period relevant for the purpose of these writ petitions, Ext.P1 settlement entered into between the management and the unions of employees of the company was in force. Under Clause 4 of that settlement, the employees had an option to continue in a particular nature/grade of work, provided they relinquish their right for promotions. A further liberty was given to the employees to express in writing the willingness to work in other areas, which would be permitted on the condition that the employees will have to forego their seniority for such period between the two representations. The petitioners opted to remain in their position by relinquishing promotion by submitting representations. Those representations were accepted and orders were passed permitting them to continue in their position relinquishing their rights for promotion. But, subsequently, the company issued orders withdrawing the orders of acceptance of the relinquishment and directed deployment of the petitioners to other areas of work. The petitioners challenge the same in the two writ petitions. They have obtained interim orders to continue in their position pending disposal of the writ petitions also.

(2.) IN W.P.(C).No.28649/2006, respondents 1 and 2 have filed an additional counter affidavit, wherein they have produced Ext.R1(j), which is a new settlement entered into between the management and the unions of employees, wherein, in supersession of the earlier settlement, clause 3.3 was agreed upon, which reads thus: