ANDHRA PRADESH DAIRY DEVELOPMENT CO OPERATIVE FEDERATION LIMITED Vs. GUNTUR DT MILK PRODUCERS COOPERATIVE UNION LIMITED

JUDGEMENT

(1.) This common judgment will dispose of both the writ petitions as they are interconnected. The petitioner in WP No. 7004/88 is the Andhra Pradesh Dairy Development Co-operative Federation Ltd. Workers Union represented by its General Secretary and the respondent is the Guntur District Milk Producers Co-operative Union Limited (Sangam Dairy) represented by its General Manager. On 23/03/1985, a settlement under Section 12(3) of the Industrial Disputes Act. 1947, was reached between the management of the Sangam Dairy and the petitioner-union and another union by the name Bharatiya Mazdoor Sangh, both registered unions. The Sangam Dairy was declared as a public utility service as stated in the memorandum of settlement. The settlement reached between the parties covers nine matters; paragraph 4 which concerns with the seniority list of workers employed on Nominal Muster Rolls (NMRs) reads as follows :

(2.) The petitioners in W.P. No. 10230/87 are two NMRs and the respondent is the Sangam Dairy. They contend that the NMRs are workers entitled to the protection of the Industrial Disputes Act and without complying with the mandatory provisions of Section 25-F of the Industrial Disputes Act, their services cannot be terminated. They assert that they worked for more than 240 days and, therefore, it their services should be terminated, they are entitled to retrenchment compensation. They assert that there are vacancies in the respondent-organisation and therefore, they should not be deprived of their employment. The respondent issued a circular on 28/04/1987. Seeking to replace NMRs with permanent staff. In the seniority list of NMRs, the claim that their names are shown against Nos. 107 and 125 respectively and that seniority is sought to be disturbed by preparing another list. They are, therefore, seeking a declaration for regularisation of their services and that without following the procedure prescribed under the Industrial Disputes Act, their services should not be terminated. In the counter-affidavit field by the respondent, it is stated that because of the revision of the seniority list their ranks were altered; during the period between 1/09/1986 and 30th June, 1987, the first petitioner worked only for 193 days and the second petitioner for 177 days and, therefore, in the revised seniority list prepared on 14/07/1987 "their seniority had fallen". Depending upon the increase in additional work-load, the NMRs will be absorbed. As there was no retrenchment, it is pleaded, that Section 25-F of the Industrial Disputes Act has no application.

(3.) The first question that arises for consideration is whether the writ petitions are maintainable against the respondent-Sangam Dairy-a society registered under the Andhra Pradesh Co-operative Societies Act, One of the pleas raised is that the impugned circular being arbitrary is violative of Article 14 of the Constitution.