T. Nandakumar Singh, J.

1. Heard Ms. Puspa, learned Counsel appearing for the petitioner-union and also Mr. Jaial Uddin, learned Addl. GA appearing for respondent Nos. 1 and 2.

2. FACTUN BACKGROUND

The petitioner is a registered trade union having Registration No. 19/ 68 and affiliated to the Indian National Trade Union Congress (INTUC). The petitioner-union was formed by the Grade-III and IV employees working in the Department of Electricity, Government of Manipur and its main objects are:

(a) To improve and regularize the working conditions and the wages of all the employees employed in the electricity Department as workmen.

(b) To improve their economic, civic and cultural conditions.

(c) To safeguard their economic, civic, social and legal interest by negotiations and conciliation with the employers, the Government of Manipur and in the last resort conducting legal protest and strikes.

(d) To foster a spirit of solidarity among the employees and a sense of unity among the working people.

(e) It shall amalgamate or be affiliated to other institution of similar nature having kindred objects.

(f) It shall hove regional and branch units run and organized with the kindred objects, etc.

3. By this writ petition, the petitioner-union is praying for a direction, directing the State respondents to implement fully the order of the Government of Manipur being No. 26/2/88-Power, Imphal the 10.1.1995 for upgradation of 571 posts shown therein and under the said Order 173 (one hundred seventy-three) posts of Assistant Linemen were upgraded to the Switch Board Attendants. The petitioner-union also prayed in the present writ petition for filling up 102 vacant posts of Junior Bill Clerks and Meter Readers caused due to promotion to the immediate higher post of Junior Commercial Clerk and also for filling up the 136 posts of Switch Board Attendants by the 136 Assistant Linemen.

4. The facts, leading to the reliefs sought for, in the present writ petition, indicated above is that pursuant to a strike notice by the members of the petitioner-union for redressal of their grievance, a memorandum of settlement was entered into between the members of the petitioner-union and the Government of Manipur on 19.10.1991. By the said memorandum dated 19.10.1991 the Government of Manipur had agreed that a committee headed by hon'ble Minister of State, (Power) has to examine and consider the case for upgradation of essential posts in the department, i.e., Electricity Department and also that the examination of requirements of all the categories of posts including upgradation and amendment of the Recruitment Rules wherever necessary as such and it would take about 3 months' time. For easy reference the memorandum dated 19.10.1991 is quoted hereunder:

MEMORANDUM OF SETTLEMENT ABOUT DEMANDS OF MANIPUR ELECTRICITY EMPLOYEES UNION BETWEEN GOVERNMENT AND UNION REPRESENTATIVES

The Manipur Electricity Employees Union had submitted a Memorandum containing their demands to the Government on 4th September, 1991. The demands of the Union have been considered by the Government. After considering and discussing their demands the following were agreed.

(1) Proposal for conversion of Muster Roll into Worked-Charged employees is under active stage of consideration and orders are likely to be issued within a day or two.

(2) Government has set up a Committee headed by Hon'ble Minister of State (Power) to examine and consider the cases for upgradation of essential posts in the Department. This matter involves the examination of the requirement of all categories of posts including upgradation and amendment of Recruitment Rules wherever necessary and as such likely to take about two months' time.

(3) As regards the payment of allowances such as Risk Allowance, High Voltage Allowance and Shift Allowance, the Union has already been informed to bring suitable orders issued in this regard under Central Pay Commission and then these would be given.

(4) Overtime Allowance wherever required wi