JUDGMENT

SENTHILKUMAR RAMAMOORTHY J.,

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 concerne