FEDERATION Vs. TAMILNAD ELECTRICITY WORKERSMADRAS STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE Tamilnad Electricity Workers' Federation, represented by its General Secretary, and the Madras Electricity Workers' Union, also represented by its General Secretary, have instituted this appeal from the judgment of Veeraswami, J., in Writ Petition No. 45 of 1962. In that proceeding, those appellants sought the issue of a writ of mandamus to the Madras State Electricity Board (respondent) to forbear from implementing its proceedings No. 2794, dated 28 December 1961, in so far as those proceedings altered the service conditions of the workmen of the Board relating to dearness allowance, casual leave and national and festival holidays. THE learned Judge Veeraswami, J., declined to issue the writ, upon grounds set forth by him in his judgment under appeal.

(2.) BEFORE proceeding to the central issues that arise for our determination, within the compass of the present appeal, we shall first set forth, in a condensed form, the events that led to the impugned proceedings of the Madras State Electricity Board (respondent). This Board was constituted with effect from 1 July 1957, and the employees in the Electricity Department of the Government thereupon became employees of the Board under S.79(c) of the Electricity (Supply) Act, 1948 the Board adopted the prior conditions of service of these employees, an applicable to them, as transitory regulations. After the appointment of a negotiating committee between the members of the appellant labour unions and the Board (respondent), an agreement came into existence on 3 February 1959, which covered all categories of workers, and related to such matters an pay-scales, dearness allowance, etc. It is important to note that there was no determined period of duration for this agreement.

(3.) THE consequence was that Writ Petition No. 727 of 1960 became infructuous and was dismissed as such in November 1961.Parallel with this, there was another development, namely, in November-December 1960, the Board issued notices under S. 9A, first, for reduction of national and festival holidays, and restriction of casual leave facilities and secondly, to effect a change in dearness allowance by merging it with pay, coupled with revision of house-rent allowance. THEre was opposition to these proceedings from the unions and conciliation was commenced. THE Board tentatively agreed not to give effect to the proposed changes, and further talks were adjourned. THEre was an attempt by the unions to raise an industrial dispute over this matter, but on 29 April 1961, the Government by G.O. Ms. No. 3441 (Labour), declined to make a reference under S. 10(1)(c) of the Act on the two main grounds of the pendency of Writ Petition No. 727 of 1960 in this Court, and the fact that the agreement dated 3 February 1959, relating to dearness allowance was still in force. On 31 October 1961, the federation of workers sent a letter to the respondent Board, terminating the agreement dated 3 February 1959, as between the parties, by giving notice of two months under S.19 of the Act. While matters stood thus, on 28 December 1961, the Board leaned the impugned proceedings to which some separate reference now becomes essential. THEse proceedings included within their scope several matters relating to the service terms and conditions of the workmen, such as dearness allowance, pay-scales, national and festival holidays, casual leave, etc. But the points for special mention are these.