Subsequent vacancies should be filled by giving preference to retrenched workmen.

(Writ Appeal No.2985 of 2003 has been filed under Clause 15 of Letters Patent against order in Writ Petition No. 12279/2003 dated 13-5-2003 passed by Single Judge of this Court.)

Common Judgment: (P.Sathasivam, J.)

Since the issue raised in the Writ Appeals and the Writ Petitions relates to employment/re-employment of persons retrenched in the Transport Corporations, these matters are being disposed of by the following common judgment.

Writ Appeals:-

2. The Writ Appeals are filed by the appellants against Order of K.P. Sivasubramaniam, J., in Writ Petition Nos. 11785 of 2003 etc., batch dated 13-05-2003.

3. According to the appellants, the respondent-Transport Corporation recruited about 75 Drivers through Employment Exchange during March, 2001. Those drivers underwent the selection process and got selected. On selection, they were sent for training at Chithode Training School. On completion of training, they were issued orders dated 18-04-2001 appointing them on consolidated wages for two years describing them as ‘trainee drivers’ and posting them in various depots. They discharged the duties of regular drivers as they were sent on line duty and they were relievers to regular drivers.

4. It is their further case that as per Section 12 (3) settlement which came into force from 1-9-92, the drivers recruited through employment exchange should be made as ‘daily rated workmen’ and not on as consolidated pay. As per the settlement, on completion of 240 duties by these daily rated drivers, they should be made permanent and should be brought to scale of pay. The Transport Corporation paid Rs.2,500/- as consolidated pay per month while monthly salary would be Rs.4,160/- if it was paid based on daily rated wage of Rs.160/- per day. By putting them on consolidated pay, permanency would not be conferred.

5. The Transport Corporation issued orders during February/March, 2002 making all the 75 drivers as daily rated workmen. In the same order, it is specifically stated that on being made daily rated workmen, they were directed to pay Rs.4550/- towards the shares of Medical and Engineering colleges run by I.R.T. As directed, they paid the required amount. As per the settlement, the drivers should have been appointed on daily rated workmen from 18-4-2001 itself, instead of appointing them initially as trainee drivers on consolidated salary. However, they were brought on daily rated workmen during February/March, 2002. On completion of 240 duties, the drivers were issued orders dated 30-01-2003/29-3-2003 making them permanent and bringing them to scale of pay. However, the Transport Corporation cancelled the said orders dated 30-01-2003/29-3-2003 and also the orders making them daily rated in February/March, 2002 by issuing orders dated 3-4-2003 to all the 75 drivers. Based on the said order dated 3-4-2003, on completion of 2 years service, the drivers were sought to be relieved. The said order dated 3-4-2003 was challenged by the 75 drivers by individually filing writ petitions. The prayer in the writ petition was to quash the order dated 3-4-2003 of the General Manager, Tamil Nadu State Transport Corporation, Coimbatore Division-II, Erode and for a direction to make them permanent on completion of 240 days from the date of initial appointment as per the 12 (3) settlement. Those, who were not relieved, had the benefit of interim order and continued in service and those, who were relieved did not have the benefit of interim order. It is the grievance of the appellants that the seniors who had completed their tenure of 2 years earlier, did not have the benefit of interim order. All the writ petitions were finally disposed of on 13-5-2003 by a common order. The learned Single Judge passed the following order:

"14. However, in view of the stand taken by the Corporation as mentioned above and bearing in mind the right of the workers to seek compliance of the terms of settlement under Section 12 (3) of the Industrial Disputes Act, I am incline