K DEVENDER REDDY Vs. SINGARENI COLLIERIES COMPANY LTD

JUDGEMENT

(1.) RULE nisi. Sri K. Srinivasa Murthy took notice for respondents 1 to 3 and Sri T. Niranjan Reddy took notice for Respondent No.4 Writ petition was heard finally.

(2.) THE petitioners four in number were initially appointed in the respondent Company as EP Operator in D Grade and subsequently got promotion as C -Grade and B also as E Grade. It is averred in the affidavit filed in support of the writ petition that in the year 1993 the respondent Company conducted special interview for the existing posts of EP Operators and the petitioners were sent for training for a period of three months at NIC Tamilnadu and all the petitioners along with some other EP Operators underwent the training. From the affidavit averments, it appears that on behalf of the petitioners and the similarly circumstanced, the trade union to which the petitioners and the others belong has raised an industrial dispute demanding that the petitioners and the similarly circumstanced others should be paid A Grade wages and their services should be absorbed as Spreader/ Tripper Car Operators, and the said dispute is pending in conciliation before the fourth respondent. When the matters stood thus, according to the petitioners, the Management of the Company have made the petitioners to work in other posts such as Dozer Operator. Hence this writ petition seeking for a writ of Mandamus declaring the action of the second and third respondents in changing petitioners' service conditions while the Conciliation Proceedings are pendings before the IV respondent as illegal, arbitrary and contrary to Section 33 of the Industrial Dispute Act (for short 'the Act') and for a consequential direction to the respondents 1 to 3 not to disturb petitioners from the posts of Spreader/ Tripper Car Operators till finalisation of the Conciliation Proceedings pendings before the fourth respondent.

(3.) WRIT Petition is therefore dismissed. No costs.'