GORDON WOODROFFE EMPLOYEES UNION, REP BY ITS GENERAL SECRETARY Vs. THE STATE OF TAMIL NADU, REP BY THE COMMISSIONER AND SECRETARY TO GOVERNMENT LABOUR DEPARTMENT AND ORS

JUDGEMENT

(1.) The appellant is aggrieved by the dismissal of the Writ petition for the issue of a writ of mandamus directing the third respondent not to implement the notice dated 24.8.1987, issued under Section 9-A, of the Industrial Disputes Act (hereinafter referred to as 'the Act'), until the dispute is resolved by way of settlement or adjudication. The facts set out in the affidavit filed in support of the writ petition, Co the extent necessary, are as hereunder:

(2.) Nainar Sundaram, J. dismissed the writ petition holding that there is no inhibition either in Section 9-A or Section 33 of the Act or in any other provision of law against the management from altering the conditions of service after complying with the procedure prescribed in Section 9A of the Act. The learned Judge also observed that the Government will do well to take up the question of reference with expedition so that the industrial peace could be maintained.

(3.) In this appeal, Mr. Prasad appearing for the appellant vehemently contended that the relief sought in the writ petition is a preventive remedy whereby the third respondent-management is sought to be restrained from acting contrary to the provisions of the statute. He urged that the action of the management in seeking to implement the proposals found in Section 9-A notice is absolutely illegal and that the management should wait for an adjudication of the matter by the Industrial Tribunal after a reference is made by the Government. It is also his contention that the management has no right whatever to alter the conditions of service and thereby supersede the terms of the settlement effected on 12.11.1982 which will hold good until a fresh settlement is brought about or an award is passed by the Industrial Tribunal. A plea admiseri cordium was also advanced that about 120 families would suffer great hardship if the management carries out the changes proposed in Section 9-A notice.