JUDGMENT :

C.L. Soni, J.

All these petitions raise common questions as regards decision taken by Gujarat Urja Vikas Nigam Limit contained in circular dated 16.03.2013 issued by it for undertaking one time selection procedure of ex-apprentices for their employment as the Vidyut Sahayak (Helper).

2. The petitioners have challenged the above circular and the advertisement issued for holding written test for ex-apprentices as part of one time selection procedure. They have prayed to follow the policy for apprentices existed before the impugned circular for appointments of Vidyut Sahayak.

3. For sake of convenience, documents placed with Special Civil Application No.7113 of 2013 shall be referred.

4. It appears that the Gujarat Electricity Board was earlier maintaining a list of apprentices. One settlement was arrived in complaint (IT) No. 01/1988 before the arbitrator as per which 9 posts were to be filled by the heirs of the deceased employees and 19 posts were to be filled by the employees working on supernumerary posts and thereafter the appointments were to be given to apprentices as helper as per the seniority from the list at Appendix 'A' mentioned in the settlement. The terms of such settlement recorded in complaint (IT) No. 01/1988 are at annexure: RIII at page No. 176 placed with further affidavit filed by petitioner No.1 of Special Civil Application No.7113 of 2013.

5. It appears that the Board wanted to introduce Vidyut Sahayak scheme and therefore, it gave notice of change under Section 9A of the Industrial Disputes Act, 1947 ('I.D.Act' for short) to office bearers of the Unions of the employees working with the Board including the petitioners union, copy thereof was placed on record during the course of hearing. It appears that the decision to introduce Vidyut Sahayak scheme was taken as the Board could not fill vacant posts on account of 20% reduction in the staff effected as per the instructions of the State Government. By the notice of change, the Board intended to introduce Vidyut Sahayak Scheme for four different categories of posts including the post of Helper for a period of 5 years against the vacant posts in above categories. After due deliberation and discussions with the Unions and considering the practice of Vidyut Sahayaks of State Government in education department, Memorandum of Understanding (MOU) between the Board's representatives and the Union's representatives was executed, as per which the Vidyut Sahayaks were to be engaged against the vacant posts of PA Gr.I, Junior Assistant (Revenue side), Meter Reader and helper. The said MOU also incorporated mode of filling the posts of Vidyut Sahayak and the other terms and conditions to be observed by the parties in connection with the Vidyut Sahayak scheme. The MOU is at Annexure:R2 at page No.169.

6. The Board maintained list of apprentices known as 'data bank'. From such data bank, the apprentices were to be engaged as Vidyut Sahayak as per Vidyut Sahayak scheme. Based on the MOU, the Board then issued General Standing Order No. 332 dated 03.02.2003 for Vidyut Sahayak scheme providing below mentioned mode for filling Vidyut Sahayak posts.

7. The Gujarat Electricity Board was then bifurcated in different Vij Companies for differ