K.EZHILARASI Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) As the issue involved in both Writ Petitions is one and the same, cases are taken up for disposal by a common order.

(2.) Writ Petition No.41427 of 2016 is filed seeking to forbear Respondents 3 and 4 from altering the service conditions of the Petitioners in any manner including discontinuance of their service or failing to provide employment in any manner without getting permission under Sec. 33 of the Industrial Disputes Act, 1947 in the Dispute dtd. 21/10/2016 raised by the State Bank of Mysore Employees' Union on behalf of the Petitioners regarding absorption of their services, which is pending conciliation before the 2nd Respondent as Dispute No.M7/21/2016-B3, dtd. 3/11/2016 and for a further direction to the 2nd Respondent to conciliate and effect settlement, and if no settlement is forthcoming, to submit failure report under Sec. 12(4) of the Industrial Disputes Act and in turn, direct the 1st Respondent to refer the dispute for adjudication before the competent Industrial Adjudicator.

(3.) According to the Petitioners herein, they were employees of the erstwhile State Bank of Mysore, employed on casual basis drawing regular pay scale on par with the other employees. They have been termed as temporary employees and in terms of the Bipartite Settlement dtd. 19/10/1966, modified from time to time, benefits of the wage scale have been extended to them.