MANAGEMENT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The Awards dated 11.12.2003 passed in C.P.Nos.715, 721, 718, 716 and 713 of 2003 respectively are under challenge in these present writ petitions.

(2.) The writ petitioner is the Tamil Nadu Electricity Board, filed the present writ petitions on the ground that the claim petitions were allowed based on the orders of the Tamil Nadu Electricity Board issued in memo dated 13.12.1996. The benefit of ex-gratia payment granted to the contract labourers are not based on the settlement. Contrarily, the ex-gratia payments were granted based on the request made by the Union. While extending the benefit of ex-gratia payment, certain conditions were imposed and paragraph 4 of the memo dated 13.12.1996 reads as under: "4. Based on the above decision, all officers of the Board are requested to identify the Contract Labourers who have completed 5(Five) years of regular service as on 31.3.96 and send the above particulars for the year 1995- 96 within a month from the date of receipt of this memo. After verifying all the records and identifying the Contract Labourers who have completed 5(Five) years of regular service as on 31.3.96, a list showing the particulars of Contract Labourers as prescribed and enclosed along with this Memo, should be prepared and ensured and certified by the Officers concerned that the Contract Labourers have served in Tamil Nadu Electricity Board regularly and contemplated 5(Five) years of service as on 31.3.96."?

(3.) The learned counsel for the writ petitioner states that there is no pre-existing right in respect of the benefit of ex-gratia payment. Ex-gratia payment does not fall under the terms and conditions of the 12(3) Settlement. This being the factum, an adjudication is mandatory.