The central legal point established in the judgment is that the employer is prohibited from altering the service conditions to the detriment of the workmen during the pendency of conciliation proceedings, as mandated by Sec. 33(1) of the Industrial Disputes Act.

1. This Writ Petition has been preferred by the Employees Union of the Madras Atomic Power Station Kalpakkam for issue of a Writ of Certiorarified Mandamus calling for the circular of the first Respondent dated 011. 1999 and to quash the same and to direct the first respondent to forbear from reducing the number of national and festival holidays from 17 days till the disposal of the Industrial Dispute with respect of the subject matter.

2. Factual matrix necessary for the disposal of the Writ Petition are as under :-

(a) The petitioner Union is a recognized Trade Union consisting of workmen employed in the first respondent Corporation. The employees of the first Respondent had been in enjoyment of 17 National and Festival holidays from 1992. Out of 17 holidays, 3 days are National Holidays. Fixed National Holidays are Republic Day, Independence Day and Gandhi Jayanthi. 14 Festival Holidays were decided in consultation and agreement with the petitioner union. Therefore, the list of 14 holidays differed from year to year. List of holidays for the succeeding year used to be decided in advance in consultation and agreement with the Union and the holidays so arrived at would be published during November every year. Similarly, after holding talks with the petitioner Union, list of 17 days holidays for the year 1999 was published by the first Respondent as per their circular dated 111. 1998. Tamil New Years day which falls on 14. 1999 was not the one among the listed holiday for the year 1999.

(b) While the matter stood thus, the first Respondent issued a notice dated 07.04.1999 purporting to be under Section 9A, proposing to reduce the number of holidays from 17 to 16. The said action was objected to by the petitioner Union and they have taken up the matter by way of Industrial Dispute before the second Respondent. In the meantime, Government of India declared 14.04.1999 as a holiday on account of the birthday of Dr.B.R. AmbedKar. At that time, the first Respondent issued a circular dated 13.04.1999 stating that it was decided to observe 14.04.1999 as a holiday on account of birthday of Dr.B.R. Ambedkar in partial modification of the circular dated 111. 1998. It was also stated that the forthcoming holidays communicated vide circular dated 111. 1998 would be reviewed and regulated by the first Respondent. The said action was objected to by the petitioner as per their representation dated 15.04.1999 on the ground that the Management cannot unilaterally withdraw and alter the list of holidays issued on 111. 1998. Tamil New Year Day on 14.04.1997 was once of the 17 holidays declared by the first respondent on mutual agreement but the Management declared 14. 1997 as holiday for the birthday of Dr.B.R.Ambedkar instead of Tamil New Years day. In the representation submitted by the petitioner to the Management it was made clear that that the list of holidays for the year 1999 was issued on 111. 1998 in consultation with the Union and hence, it was improper on the part of the first Respondent to modify the said list of holidays without consulting the Union.

(c) In pursuance of the request given by the petitioner to modify the list of holidays and to withdraw the circular dated 14. 1999, conciliation proceedings were initiated and the same took place on different dates. The first Respondent filed their remarks before the Conciliation Officer on 03.05.1999. When the conciliation proceeding was pending before the second Respondent relating to the Industrial Dispute in respect of rejection of holidays, Management sent a letter dated 03.08.1999 to the petitioner Union stating that the Govardhan Pooja which falls on 011. 1999 would be a working day though it was notified as a holiday in circular dated 111. 1998. Immediately, the petitioner submitted a reply to the first Respondent on 11.08.1999 requesting the management to abstain from acting unilaterally in deciding the holidays, particularly when the issue was pending before the Conc