ARASU POKKUVARATHU THOZHILALAR SANGAM, (MADURAI DIVISION-I) Vs. MANAGEMENT OF TAMILNADU STATE TRANSPORT CORPORATION, (MADURAI DIVISION-I) LTD.

JUDGEMENT

(1.) The relief sought for in the present writ petition is to forbear the respondent from changing shift pattern without complying with Sec. 9-A of Industrial Dispute Act.

(2.) The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner is Arasu Pokkuvarathu Thozhilalar Sangam, (Madurai Division - I) and the respondent Corporation operates passenger transport mainly in Madurai and surrounding districts. The respondents have 14 depots during the relevant point of time, near about 6300 workmen are working, out of which 2600 are drivers and 2600 are conductors.

(3.) The grievances of the writ petitioner is that during February 2004, the shift pattern that has been in existence for more than 3 decades was unilaterally changed in one depot after another within Madurai City. The drivers and conductors are now asked to come for duty for the evening shift and to continue their work in the morning shift for the next day. They are forced to work for two shifts continuously. The time gap between the end of the evening shift and the beginning of the morning shift is about 4 to 5 hours only and therefore, the change in shift pattern is opposed to Sec. 18 of the Motor Transport Workers Act. After completing the evening shift, the conductors are asked to keep their collection with them, except the currency notes.