BAP EMPLOYEES UNION Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) SINCE, the issues involved in both the writ petitions are similar in nature, they have been taken up together and a common order is being passed.

(2.) IN the writ petition, in W.P.No.30157 of 2011, filed by the Boiler Plant Employees Union, Bharat Heavy Electricals Limited, Trichy, it has been prayed that this Court may be pleased to issue a writ of Mandamus, forbearing the respondents from altering the service conditions of the employees or by discontinuing of existing practice, with regard to the encashment of earned leave and half pay leave, which is being calculated by dividing the monthly wages of the employees concerned, by 26 days, as per the circular, dated 30.1.2004, without following the due procedures contemplated, under the provisions of the Industrial Disputes Act, 1947.

(3.) THE learned counsel appearing for the petitioner Union had submitted that the Management of the Bharat Heavy Electricals Limited have altered the service conditions of the employees, employed in Bharat Heavy Electricals Limited, of the Trichy and the Ranipet Units, who are the members of the petitioner Union, without following the procedures established, under the Industrial Disputes Act, 1947. The Management of the Bharat Heavy Electricals Limited has been calculating the earned leave and half pay leave, for their encashment, by the employees concerned, by dividing the monthly wages of such employees, by 26, as per the circular, dated 30.1.2004, without issuing a notice, under Section 9A of the Industrial Disputes Act, 1947.