JUDGMENT :

Senthilkumar Ramamoorthy, J.

(Prayer: Writ Appeal is filed under Clause 15 of Letters Patent to set aside the order dated 05.09.2019, passed in W.P.No.19899 of 2017.)

1. This intra court appeal arises out of a writ petition filed by the Appellant for a writ of mandamus to direct the Tamil Nadu Civil Supplies Corporation (the TNCSC) to adhere to Clause 3 of the settlement dated 19.09.1991 and Clause 5 and 6 of the settlement dated 30.01.1997 until the same is substituted by an other settlement or award.

2. The Appellant, TNCSC Employees' Union (the Trade Union), is a trade union which represents member employees of the TNCSC. These employees were recruited through the Employment Exchange as packers, bill clerks and watch men. Such recruitment was either on permanent or seasonal basis. The Trade Union entered into a settlement on 19.09.1991 (the First Settlement) with the TNCSC as per Section 12(3) of the Industrial Disputes Act, 1947(the ID Act). By the First Settlement, the wages of three categories of workers, namely, bill clerks, helpers and watchmen were fixed for the years 1991-1992, 1992 – 1993 and 1993 – 1994. In addition, clause 3 of the First Settlement provided for preference to seasonal employees while filling regular vacancies. Such preference was, however, subject to the seasonal employee concerned fulfilling all qualification requirements, albeit age relaxation was to be provided by obtaining the concurrence of the Government. The First Settlement was valid for a period of three years.

3. On 30.01.1997, another settlement was executed by the TNCSC and the workmen through their unions (the Second Settlement). Once again, the wages of the three categories of workmen were revised and fixed with effect from 15.09.1994. The said wage revision was also for a period of three years and subject to the condition that basic pay and D.A. would stand revised as and when the Government revised the relevant G.O. It also dealt with other aspects such as arrears of wages and dearness allowance; allowances to graduate employees; handling charges to load men; employment opportunities in procurement regions; the family benefit fund; and, most importantly for the present purposes, preference in employment. Preference in employment is dealt with in Clause 5 and the same is as under:

“(5) PREFERENCE IN EMPLOYMENT:

As regards the demands of the workmen for giving preference to the qualified seasonal employee in the D.P.Cs while filling the regular vacancies, it is agreed that the Clause 3 in the settlement dated 19.09.1991 (regarding wage revision to D.P.C. employees) will continue for another three years i.e. whenever the TNCSC has to go to the Employment Exchange for direct recruitment of any class III or class IV services, after exhausting the eligible candidates among the existing regular employees in the feeder categories, the qualified seasonal employees who are initially recruited through employment exchange will be given preference relaxing only the age qualification but not relaxing any other qualification, subject to the policy of reservation. In the event of absorbing the seasonal employees in the vacancies that arise in any region throughout the State of Tamil Nadu, the qualified hands will be selected by drawing the centralised seniority list in the Head Office level according to total of broken periods of service and they might be allotted to the needy regions wherever vacancies arise, on their requisition. Where age relaxation becomes necessary, the Management will get appropriate concurrence of the Government.”

Clause 8 of the Second Settlement is as under:

“It is agreed that the settlement will be valid for three years.”

4. After the Second Settlement, no further settlements or awards relating to the subject matter thereof and, in particular, the preference given to seasonal employees was executed or pronounced. In these facts and circumstances, there are about 1000 vacancies in the TNCSC. For the purpose of filling up