LAWS(MAD)-2003-1-10

MADURAI KAMARAJ UNIVERSITY ADMINISTRATIVE STAFF WELFARE ASSOCIATION REG NO 74 OF 1991 Vs. MADURAI KAMARAJ UNIVERSITY

Decided On January 28, 2003
MADURAI KAMARAJ UNIVERSITY ADMINISTRATIVE STAFF WELFARE ASSOCIATION, REG. NO. 74 OF 1991, REP. BY ITS PRESIDENT, M. PARAMAN PALKALAINAGAR, MADURAI " 625 021 Appellant
V/S
MADURAI KAMARAJ UNIVERSITY, REP. BY ITS VICE-CHANCELLOR PALKALAINAGAR, MADURAI " 625 021 Respondents

JUDGEMENT

(1.) THE petitioner-associations have filed this Writ petition seeking to issue a writ of Mandamus , directing the respondents to implement the Memorandum of Agreement dated 20.10.1999.

(2.) THE 1st respondent raised certain demands and the respondents called the 1st petitioner-association in their letter dated 26.3.1999 for negotiations. Both the petitioner-unions for the purpose of negotiation formed a Joint Action Committee. THE respondents called the joint Action committee for negotiations on 13.10.1999 and 20.10.1999. After negotiations, the respondents prepared a Memorandum of Agreement which was signed by both sides on 20.10.1999. Some of the clauses in the agreement under which benefits were given to the members of the petitioners were implemented by the respondents. It is the case of the petitioners that some of the demands which were approved by the Syndicate were not implemented. Stating that refusal to implement the Memorandum of Agreement on the part of the respondents is unjust, illegal and unconstitutional, petitioners have filed this writ petition.

(3.) FROM the above pleadings and arguments, we have to decide the following issues :-