A concession granted by an employer to allow an office bearer of a trade union to attend to full-time union work during office hours is not a service condition and can be withdrawn without complying with the procedure under S. 9A of the Industrial Disputes Act.

1. The Writ Petition is to quash the award of the Labour Court, Madras made in I.D. No. 239 of 1977 dated 16th July, 1979. The point referred to for adjudication found in para. 6 of the award is as follows :

"Whether the action of the management in having withdrawn the concession of the General Secretary of Tamil Nadu Electricity Board Accounts Subordinates Union and the Joint Secretary of the Tamil Nadu Electricity Workers Federation being allowed to attend to full time union work from 31st March, 1976, is justified; and to what relief they would be entitled".

A few facts and sequences leading to this dispute can be stated. By Board's proceedings dated 18th January, 1973, the following order was passed :

"The Tamil Nadu Electricity Board Accounts Subordinates Union, which is a recognised union under the Code of Discipline in Industry has requested that the General Secretary of the Union may be deputed for full time Union work, and that Thiru S. V. Angappan who is an Accountant in the Office of the Chief Controller of Accounts and who has been elected as the General Secretary of the above union, for the year 1972 in the General Council Meeting held on 4th June, 1972, may be relieved of his duties for attending to Union work with effect from 16th August, 1972, treating the period of his absence on deputation for union work as duty.

2. The Tamil Nadu Electricity Board has considered the request of the Union and passed the following orders :-

i) Thiru S. V. Angappan, Accountant, Office of the Chief Controller of the Accounts, who is the General Secretary of the Accounts Subordinates Union (Regd. No. 2472) is permitted to attend to Union work with effect from the date of his relief viz., 30th September, 1972 A.N.

ii) The period of absence of Thiru S. V. Angappan will be treated as duty and he will draw the pay and allowance to which he would have been eligible but for his release for attending to the Union Work.

iii) Thiru S. V. Angappan will also be entitled to all the benefits and privileges to which he would have been eligible but for his deputation to attend to Union work.

3. This order will be in force for a period of one year from the date of his relief i.e. 30th September, 1972 A.N. or till the date on which he ceases to be the General Secretary to the Union, whichever is earlier.

4. The permission granted in para 2 above will automatically stand cancelled if the above union ceases to be a recognised union under the Code of Discipline, from the date on which it so ceases to be a recognised union.

5. Sanction is also accorded for the creation of one supernumerary post of Accountant in the Office of the Chief Controller of Accounts from 30th September, 1972 A.N. till such time Thiru S. V. Angappan relinquishes the Office of the General Secretary of the Accounts Subordinates Union or the Accounts Subordinates Union ceases to be a recognised union under the Code of Discipline on 30th September, 1973 A.N. whichever is earlier.

6. The expenditure is debitable to "Tamil Nadu Electricity Board Funds - Revenue expenses - f. Administration expenses (iv) Head quarters pay and allowances".

7. By subsequent proceedings B.P. Ms. No. 1984 dated 20th October, 1973, the sanction accorded in B.P. Ms. No. 80 was extended on 20th October, 1973 and on 22nd October, 1974, 5th March, 1975, 2nd August, 1975 and 28th January, 1976. Ultimately on 16th March, 1976, the Secretary Tamil Nadu Electricity Board, Madras-2 passed an order which is as follows.

"I am to say that the concession of permitting the Joint Secretary of the Tamil Nadu Electricity Workers Federation and General Secretary of Tamil Nadu Electricity Board Accounts Subordinates Union for full time work will not be extended beyond 31st March, 1976.

Concerning this, an industrial dispute was raised which was referred to for adjudication in G.O. Rt. No. 1705, Department of Labour and Employment dated 1st August, 1977. The matter came up for adjudication before the II Additional Labour Court, Madras