Notices served under the Industrial Disputes Act must adhere to prescribed forms, and service conditions remain unchanged during conciliation proceedings.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Present writ petitions have been filed with the following prayers:

i Notice/Order dated 20.06.2022 under Section 9-A of the Industrial Dispute Act, 1947 (21 days' notice) for the UNILITERAL change in service condition applicable to the workman in respect of matters referred in 4th Schedule of the Act i.e. withdrawing the inclusion of incentive in wages for computation of CPF and gratuity qua Departmental Workers.

ii Notice/Order dated 20.06.2022 under Section 9-A of the Industrial Dispute Act, 1947 (21 days' notice) for the UNILITERAL change in service condition applicable to the workman in respect of matters referred in 4th Schedule of the Act i.e., treating the `Mandal' as handling labour qua Departmental Workers.

iii Notice/Order dated 20.06.2022 under Section 19(2) of the Industrial Dispute Act, 1947 (2 months' notice) for UNILITERAL modification/termination of the settlement dated 13.03.1999 i.e. exclusion of HRA component from the wages for the computation/calculation of incentives and Over Time Allowance (OTA) qua Departmental Workers.

iv Notice/Order dated 20.06.2022 under Section 19(2) of the Industrial Dispute Act, 1947 (2 months' notice) for UNILITERAL modification/termination of the settlement dated 03.08.2012 i.e. withdrawing, the payment of A area rates (uniform rate) to all DPS Workers across the country irrespective of place of their posting.

2. Learned counsel for the petitioners submits that W.P.(C) 10440/2022 and W.P.(C) 10450/2022 are identical in nature and these two writ petitions have been filed on behalf of two different associations. Thus, this Court is inclined to dispose of both the writ petitions by a common order.

3. Learned counsel for the petitioners submits that notice dated 20.06.2022 under Section 9-A of the Industrial Disputes Act, 1947 is not in accordance with law. Attention has been invited to Form E as provided under the Industrial Disputes (Central) Rules, 1947. Learned counsel for the petitioners submits that notice(s) under Section 9(A) and Section 19(2) of the Industrial Disputes Act, 1947 are required to be served in the form prescribed under Form E, as provided under the Industrial Disputes (Central) Rules, 1947 and since notice(s) have not been issued in accordance with the proforma, the same are liable to be quashed. Learned counsel for the petitioners further submits that in fact even as per Annexure annexed with the notice dated 20.06.2022, the respondents have stated that the practice of including incentives in the basic wages for computation of CPF contribution and gratuity payment from time to time shall stand modified in terms of Section 9A of the Industrial Disputes (Central) Rules, 1947 and the other relevant legal provisions. Learned counsel for the petitioners submits that this act of the Food Corporation of India is totally contrary to the principles of Industrial Disputes Act, 1947and is liable to be quashed.

4. Learned counsel for Food Corporation of India submits that the present writ petitions are not maintainable as there lies an equally efficacious remedy of raising an industrial dispute in accordance with the Industrial Disputes Act, 1947 before the appropriate forum. Learned counsel for Food Corporation of India submits that in fact some of the Unions have already raised the industrial disputes before the appropriate forum and Food Corporation of India has received the notices from the Office of the Deputy Chief Labour Commissioner (Central), Kolkata and the Office of the Regional Labour Commissioner (Central), New Delhi