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Judgment
P.D. Dinakaran, J.—The petitioner-employees federation, on behalf of its members, who are more than 35,000 workers out of 1,25,000
workers working under the respondent-Corporations, has filed the above writ petition seeking a writ of Mandamus to direct the respondents to
pay the Festival Advance and Education Allowance to the workers as per their settlements dated 28.9.1995 and 13.2.1999 as per practice until
the year 2001.
According to the petitioner-employees federation, they are entitled to a sum of Rs. 1000/- towards Festival Advance and an Educational
Allowance of Rs. 100/- per child for the purchase of books, for a maximum of two children for a worker, irrespective of the salary limit, as per the
terms of the settlements dated 28.9.1995 and 13.2.1999 entered into between the petitioner-employees federation and the respondent-
Corporations u/s 12(3) of the Industrial Disputes Act.
3.1. The claim of the petitioner-employees federation was stoutly resisted by the State and the Corporations contending that both the settlements
dated 28.9.1995 and 13.2.1999 last only for a period of three years from the date of respective settlements and as the said settlements are not in
force as on date, there is no basis for the claim of the petitioner.
3.2. Inter alia, it was contended on behalf of the respondents that the employees having participated in the strike between 9.11.2001 and
25.11.2001 for a period of 17 days have virtually violated the terms of the settlement relied upon by them, which contemplates that the parties
would strive to improve the economy in operation and avoid strike/lockout, stoppage of work, go slow, etc., and would mutually cooperate to
provide an efficient bus passenger transport service to the public.
3.3. According to the second respondent Metropolitan Transport Corporation, the cumulative revenue loss for the said 17 days turns out to a sum
of Rs. 630.78 lakhs and the loss of revenue for the other transport undertakings works out to the tune of Rs. 4670.45 lakhs. In any event, since
the entire administration of the transport corporation suffered a huge revenue loss to the tune of several crores, apart from putting the commuters to
great hardship due to the non-cooperation and non-productive attitude of the employees, it would not be feasible to meet the demand of the
employees which approximately may work out to Rs. 12 crores.
While the petitioner-employees federation submits that the need of the said advances by the employees, is based on the settlements dated
28.9.1995 and 13.2.1999 entered into between the petitioner-employees federation and the respondent-Corporations u/s 12(3) of the Industrial
Disputes Act, Mr. N.R. Chandran, learned Advocate General rejected the claim of the petitioner-employees federation contending that the
petitioner-employees federation is not entitled to seek the advances as a matter of right, but however when this Court expressed its concern as to
the need of the Education Allowance to the employees and reposed confidence that the Government would consider and appreciate the same and
pass appropriate orders in the matter, the learned Advocate General fairly agreed to apprise the Government in this regard.
It is true while the service conditions of the employees is of paramount consideration to achieve the goals for having an effective and vibrant civil
service in the society, it is preeminently important that for a Welfare State, a healthy and energetic civil service by the public sector undertakings
guaranteed for an increased productivity, profitability and efficiency by its employees is inevitable. Such requirement of relative obligation between
the employees of a State owned Corporation and the State cannot be ignored while considering the rights and obligations of the employees and the
management. Therefore, without going into the question whether the settlements entered into between the petitioner-employees federation and the
respondent-Corporations are still in force and assuming if the said settlements are in force, the petitioner-employees federation is entitled to seek
the relief as prayed for, I am of the considered opinion that the rights of the parties that flow from such settlements depends upon the
corresponding discharge of their respective obligations.
However, acknowledging the view of the Court, the Government, in G.O.(D) No. 86, Transport (C1) Department, dated 24.6.2003, in spite of
its financial strains, extended its benevolence and accorded its sanction for the payment of Rs. 1000/- as an Educational Advance to the employees
of the State Transport Undertakings for the year 2003-2004, as a special case, which is recoverable in 10 equal monthly installments within the
financial year, in relaxation of the orders issued in G.O.Ms. No. 27, Finance (BPE) Department, dated 21.1.2002. The G.O.(D) No. 86,
Transport (C1) Department, dated 24.6.2003, reads as follows:
Government of Tamil Nadu
ABSTRACT
State Transport Undertakings - Sanction of Educational Advance to the employees of State Transport Undertakings for the year 2003-2004 -
Orders - Issued.
Transport (C1) Department
G.O.(D) No. 86 Date: 24.6.2003
Read:
G.O. Ms. No. 27, Finance (BPE) Department,
dated 21.1.2002
Order:
Sanction is accorded for the payment of Rs. 1000/- (Rupees one thousand only) as educational advance to the employees of State Transport
Undertakings for the year 2003-2004 as a special case in relaxation of orders issued in the Government Order read above considering the views
of the High Court, Madras. The amount sanctioned above should be recovered in 10 (ten) equal monthly installments within the financial year.
The Managing Directors of all State Transport Undertakings are instructed to take necessary action in this regard.
This order issues with the concurrence of the Finance Department vide its U.O. No. 2084/FS/P/03, dated 18.6.2003.
(By order of the Governor)
sd/-
Secretary to Government
Even though the petitioner-employees federation claimed a sum of Rs. 1000/- towards Festival Advance and an Educational Allowance of Rs.
100/- per child for the purchase of books for a maximum of two children for a worker, irrespective of the salary limit, the Government is kind
enough to sanction Rs. 1000/- as Educational Advance to each of the employee recoverable in ten equal monthly installments within the financial
year. The above consideration and decision of the Government, in my considered opinion, would sufficiently resolve the claim of the petitioner-
employees federation.
Before parting with, the benevolent gesture of the Government, referred to above, in spite of the strong resistance to the claim of the petitioner-
employees federation, is greatly appreciated by this Court, and this Court also records appreciation for the efforts of the learned Advocate General
assisted with the learned Additional Government Pleader.
In view of the passing of the above Government Order, viz., G.O.(D) No. 86, Transport (C1) Department, dated 24.6.2003, no further orders
are required in this writ petition.
In the result, this writ petition is disposed of accordingly. No costs.