LEATHER INDUSTRIES DEVELOPMENT CORPORATION OF ANDHRA PRADESH LTD Vs. LEATHER GOODS PRODUCTION CENTRE EMPLYEES UNION MUSHEERABAD HYDERABAD

JUDGEMENT

(1.) The Leather Industries Development Corporation of Andhra Pradesh, in short, 'LIDCAP' is ths petitioner. It was registered as a company under the Companies Act. The company was floated with the object of promoting, establishing, improving, developing, owning, running, flaying and curing centres in addition to certain other activities concerning leather industries With the consent of the petitioner-Corporation, the Government transferred certain leather units including the Utility Leather Goods Centre, Musheerabad, Hyderabad, to the petitioner-Corporation on certain terms and conditions as laid down in G. O. Ms. No. 766, Industries and Commerce (R. I. & P.) Department, dated 31st July, 1974. One of the conditions stipulated in that Government order was that the services of such officers and staff, who are actually working in those, institutions are transferred until further decision on deputation in the existing pay and allowances and without deputation allowances. In G. O. Ms. No. 399, Industries and Commerce (R.I. 4 P.) Department dated 19th April, 1976, the Government framed terms and conditions of the staff attached to the abovementioned Institutions. Some of the main terms and conditions of the staff that were transferred on deputation are that they will have a lien on the Government service and be allowed to exercise their option to serve under the Corporation and they will be on deputation for a period of three years from the date of transfer.

(2.) The members of the Utility Leather Goods Centre, Musheerabad, Hyderabad, were transferred on deputation by the Government to the petitioner-Corporation Before their transfer, they were enjoying 21. days-holidays. After transfer, they were being given 10 days-holidays and 3 days optional holidays. So their Union, the 1st respondent raised ,a dispute. The Government in G. O. Ms. No. 850 (Labour Employment. Nutrition and Technical Education (Lab. 0 Department), dated 17th December, 1979, by virtue of the power under section 10 (1) (e) of the Industrial Disputes Act, 1947, referred the dispute for adjudication to the Labour Court, Hyderabad on issues:

(3.) The Labour Court registered the dispute as I. D. No. 106 of 1979 and decided the dispute in favour of the first respondent-Union It held that they were entitled for the holidays which they were enjoying when they were in Government service before they were transferred to Leather Industries Development Corporation. Questioning the above award, the petitioner-Corporation has filed this writ petition.