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1998 Supreme(Mad) 990

K.GOVINDARAJAN
South Arcot District Central Co-operative Bank Ltd. Employees Association, rep. by its President, Cuddalore – Appellant
Versus
The Deputy Commissioner of Labour D. M. S. Compound, Teynampet, Madras and another – Respondent


Mr. K. Chandru, Senior Counsel, for Mr. D. Hariparanthaman, Advocates for Petitioner. Mr. M. Venkatachalapathy, Senior Counsel, for Mr. S.M. Loganathan, for Respondent No. 2. and Mr. V. Selvanayagam, Government Advocate, for Respondent No. 1

Judgment :

1. The petitioner-association has filed the above writ petition seeking to issue a writ of mandamus, directing the second respondent-bank to forbear from altering the conditions of service of workmen relating to filling up the post of Manager incharge of taluk administration without following the procedure prescribed under the Industrial Disputes Act, 1947.

2. According to the petitioner, the petitioner-association entered into several settlements with the second respondent-management. By settlement dated 19. 1982 signed under Section 12(3) of the Industrial Disputes Act it was agreed as follows:- It is mutually agreed that a special allowance of Rs.50 per month shall be paid to Field Managers Gr.I who are posted to be incharge of Taluk level administration. Posting of Field Managers Gr.I to be incharge of Taluks will be strictly on seniority basis. Subsequent to the said settlement the petitioner-association raised disputes. The Government in G.O.Ms. No. 621 Labour Department dated 4. 1988 have referred the issues for adjudication by the Industrial Tribunal at Madras. Issue No. 42, according to the petitioner, related to recruitment and promotion policy. The said dis


























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