PARADEEP PHOSPHATES EMPLOYEES UNION Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, a registered Trade Union of workmen of Paradeep Phosphates Ltd. assails the letter of opposite party No.3 Paradeep Phosphates Ltd. by its Senior Manager (P6A), para 6 indicating therein that for allotment of 'B' type quarters the seniority as on June 27, 1994 is to be taken into consideration and after exhaustion of the said seniority list, a new quarters allotment policy shall be framed.

(2.) The petitioner's case in short is that the Union raised a demand for upgrading the induction grade of workmen with ITI qualification from Rs. 570.00 grade to Rs. 650.00 grade and that was referred to the Arbitrator-Labour Commissioner by the Government of Orissa under Section 10(a) of the Industrial Disputes Act, 1947. The Arbitrator gave its award on April 28, 1994 and it was published in the official Gazette on May 27, 1994. a copy of which is Annexure-1 to the writ petition. The management opposite party No. 3 had changed the seniority list 1 of B.Sc./Diploma holders from Rs. 650/ grade to Rs. 700/- grade with effect from November 1, 1988 and, therefore, in view of the award under Annexure- 1, the effective date of upgrading the induction of workmen with ITI qualification from Rs. 570.00 grade to Rs. 650.00 grade was made effective retrospectively from January 1, 1988. A seniority list was prepared in accordance thereof, but keeping in mind the fact that already the quarters have been allotted prior to the making of the award and those persons were in occupation of quarters, the management decided to make allotment of quarters on the basis of seniority revised in view of the award. The xerox copy of the decision of the management is Annexure-2 to the writ petition. It is the case of the petitioner that as per the decision of the management and so also as per the prevailing practice, 'A' grade employees who are in the scale of Rs. 650-850.00 are eligible to be given 'B' type quarters and accordingly a circular was issued as per Annexure-3. The management also by its office order dated May 9, 1994 brought out necessary amendment in the travelling allowance, luggage allowance, Medical Policy, conveyance advance and quarters allotment procedure, a copy of which is Annexure-4 to the writ petition.

(3.) The grievance of the petitioner is that although employees in Grade Rs. 650.00 are entitled to 'B' type quarters and the seniority list was drawn on the basis of the award with effect from January 1, 1988 and it was decided to allot the 'B' type quarters on the basis of the said seniority list and in fact the management adhered to the said policy, but, however, after some time, deviated from the said norms. The management of Paradeep Phosphate Ltd. without any agreement with the petitioner's Union changed its policy deciding to make allotment on the basis of the seniority list as on 1994. But even though it was mentioned under Annexure-6 that petitioner-Union had consented for the same, but that was not correct and the Union had never agreed for such a decision nor did it give its consent for which immediate protest was raised, a copy of which is Annexure-7. It is alleged that the management instead of adhering to the prevailing practice of allotment of quarters on the basis of seniority, has fixed up different norms of its own and office order vide Annexure-6 has been issued. By the letter dated July 14, 1988, the management called for views of the petitioner's Union. However, the petitioner's Union in its letter dated July 24, 1998, copy of which is Annexure-9, intimated its views to the management and prayed for restoration of prevailing practice of allotment on the basis of seniority in terms of the award as on January 1, 1988. The contention of the petitioner is that there cannot be two seniority lists, one for the purpose of allotment of quarters and the other for service benefits. In other words, seniority list for the purpose of quarters allotments to be drawn up as on June 27, 1994 whereas the general seniority list of the grade is to be recasted taking into account the date January 1, 1988. The decision of the management for reservation of 10% of quarters for management quota is also assailed being arbitrary and discriminatory. It is contended that allotment of quarters if takes place on the basis of Annexure-6, then the juniors would be benefited whereas the seniors in grade would be left out for the coming 15 years. The prayer is for quashing the policy decision vide Annexure-6.