B. Chandrasekaran and Others vs Tamil Nadu Civil Supplies Corporation Ltd.

K. Chandru, J.—22 petitioners herein have filed the present writ petition seeking to challenge the recorded minutes of discussions relating to

demand No. 8 held on 21.2.2001 and after quashing the same, to direct the respondent Tamil Nadu Civil Supplies Corporation to fill up vacancies

arising in any region in respect of Class III and Class IV posts only on the basis of common State wise seniority list from the cadre of Helpers.

The writ petition was admitted on 21.3.2001. Pending the writ petition, this Court granted an interim stay of demand No. 8 in the minutes of

discussion held on 21.2.2001. Subsequently, the interim stay was made absolute on 20.8.2003. On notice, the respondent has filed a counter

affidavit, dated 15.7.2009.

It is the case of the petitioners that several trade unions functioning in the respondent corporation have entered into a settlement u/s 12(3) of the

Industrial Disputes Act, 1947 before the Joint Commissioner of Labour, Conciliation, Chennai. With the said settlement, several demands of

workmen were considered including the demand of the employees in the Direct Procurement Centre (DPC). Paragraph 3 of the settlement reads

as follows:

As regards the demand of the workmen for giving preference to the qualified seasonal employees in the D.P.C. while filling the regular

vacancies, it is agreed that whenever the T.N.C.S.C. has to go to the employment exchange for direct recruitment of any class III or class IV

services after exhausting the eligible candidates among the existing regular employees in the feeder categories, the qualified seasonal employees

who were initially recruited through employment exchange will be given preference relaxing only the age qualification but not relaxing any other

qualification, subject to the policy of reservation. In the event of absorbing the seasonal employees in the vacancies that arise in any region

throughout the State of Tamil Nadu, the qualified hands will be selected by drawing the centralised seniority list in the Head Office level according

to total of broken periods of service and they might be allotted to the needy regions wherever vacancies arise, on their requisition. Where age

relaxation becomes necessary the Management will get appropriate concurrence of Government.

Subsequently, the respondent Corporation had also issued a circular dated 11.8.1993 quoting the Government Order prescribing guidelines for

recruitment to Class III and Class IV employees in the TNCSC from among the employees under DPCs. Thereafter, several employees who were

engaged on seasonal basis were also recruited. Once again, another settlement u/s 18(1) between the workmen and the Corporation was also

signed. With reference to the charter of demand and with reference to preference in employment, the following terms were arrived at, which are as

follows:

Preference in employment:

As regards the demand of the workmen for giving preference to the qualified seasonal employee in the D.P.Cs while filling the regular vacancies, it

is agreed that the Clause 3 in the settlement Dated 19.9.91 (regarding wage revision to D.P.C. employees) will continue for another three years i.e.

whenever the TNCSC has to go to the Employment Exchange for direct recruitment of any class III or class IV services, after exhausting the

eligible candidates among the existing regular employees in the feeder categories, the qualified seasonal employees who are initially recruited

through employment exchange will be given preference relaxing any other qualification, subject to the policy of reservation. In the event of

absorbing the seasonal employees in the vacancies that arise in any region throughout the State of Tamil Nadu, the qualified hands will be selected

by drawing the centralized seniority list in the Head Office level according to total of broken periods of service and they might be allotted to the

needy regions wherever vacancies arise, on their requisition Where age relaxation becomes necessary, the management will get appropriate

concurrence of the Government.

Employment opportunities in procurement regions:

In respect of regular vacancies in class III and class VI categories which arise in procurement Region after exhausting the eligible candidates among

the existing regular employees in the Feeder categories, the qualified D.P.C. employees of the respective procurement Regions, who were initially

respective procurement regions, who were initially recruited through Employment Exchange will be given preference relaxing only the age-

qualification; subject to the policy of Reservation. The qualified hands of the D.P.C. employees will be selected from the seniority list prepared by

the concerned procurement Regions only.

Thereafter, a meeting was called on 21.2.2001 by the Chairman and Managing Director of the Corporation for conducting negotiations.

Demand No. 8 was with reference to filling up the vacancies in Class III and Class IV within the time limit of 15.3.2001 in terms of settlement. In

respect of the said demand, the Chairman and Managing Director informed the decision of the corporation, which is as follows:

Demand NO. 8:

All the vacancies of Class III and IV existing in the Procurement Regions should be filled up, before 15.3.2001 as per the 12(3) settlement.

Decision:

All the existing vacancies of Class III and IV of each of the Procurement Region, will be filled up from among the DPC workers in the respective

region with the norms of 12(3) Settlement subject to eligibility.

It is the claim of the union that the earlier settlement signed u/s 12(3), dated 19.9.1991 provides for centralised seniority list and therefore, by

restricting it to region-wise seniority, workers will be put to suffering. But this stand ignores to the subsequent settlement between the parties dated

31.1.1997, wherein employment opportunities in procurement regions were confined only to the procurement regions only. That settlement is not

under challenge before this Court. Therefore, when the respondent CMD informed the Union the decision of the Corporation, they have not

violated any terms of settlement.

In the counter affidavit, in paragraph 11 it was stated as follows:

I state that during a discussion held with the unions on 21.2.2001, on the demand of filling up the vacancies of Class III and IV in Procurement

Regions as per 12(3) settlement, it was decided by the respondent that all the existing vacancies of Class III and IV of each of the Procurement

Region will be filled up from among the DPC workers in the respective Regions with the norms of Section 12(3) settlement subject to eligibility.

The above said decision has been taken pursuant to the Clause 6 of settlement dt. 30.1.97 and as such, the Petitioners have no grievance or

apprehension over the decision.

Hence, the petitioners cannot challenge the said minutes of discussion in the writ petition under Article 226 of the Constitution of India. The

petitioners did not disclose their union''s affiliation. In any event, if any of the workman was aggrieved, he can raise a dispute through his trade

union and get an issue adjudicated. There is no violation of any terms of settlement as the respondent''s decision in the impugned minutes is fully

commensurate with the settlement during January, 1997.

In the light of the above, the writ petition will stand dismissed. No costs.