IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT ON THE 22^nd OF NOVEMBER, 2022 WRIT PETITION No. 25095 of 2022 BETWEEN:-

1. BHAGWAT PRASAD TIWARI S/O SHRI SURENDRA KUMAR TIWARI, AGED ABOUT 26 YE A R S , OCCUPATION: DAILY WAGER EMPLOYEE VILLAGE AND POST LAKHA RAMPUR BAGHELAN DISTRICT SATNA (MADHYA PRADESH)

2. MURAT PRASAD PANDEY S/O SHRI BADRI PRASAD PANDEY, AGED ABOUT 48 YEARS, OCCUPATION: DAILY WAGER EMPLOYEE R/O VILLAGE AND POST CHORHATA TEHSIL RAMPUR BAGHELAN DISTRICT SATNA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI VINOD KUMAR DUBEY - ADVOCATE)

AND

1. THE MADHYA PRADESH WARE HOUSING AND LOGISTICS CORPORATION THROUGH MANAGER HEAD OFFICE COMPLEX BLOCK A GOUTAM NAGAR DISTRICT BHOPAL (MADHYA PRADESH)

2. THE MANAGING DIRECTOR MADHYA PRADESH WARE HOUSING AND LOGISTICS CORPORATION REWE DISTRICT REWA (MADHYA PRADESH)

3. THE BRANCH MANAGER WARE HOUSING AND LOGISTICS CORPORATION MAIHAR DISTRICT SATNA (MADHYA PRADESH)

4. R.B. ASSOCIATES THROUGH MANAGER 30 MANYA ARCADE M.P. NAGAR ZONE-2 DISTRICT BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ATAURREHMAN ANSARI - ADVOCATE FOR Signature Not Verified Signed by: SUNIL KUMAR RESPONDENT NOS.1 TO 3)

This petition coming on for hearing this day, the court passed the following:

ORDER

Petitioners have filed this petition under Article 226 of the Constitution of India challenging order dated 05.09.2022.

Counsel appearing for petitioners submitted that terms of service condition of petitioners has been altered and now petitioners may be engaged through outsourcing agency. It is submitted that if said scheme is implicated, then employer of petitioners will be changed. Decision has been taken without opportunity of hearing. In these circumstances, impugned order be quashed.

Counsel appearing for respondents submitted that similar petitions were heard by Coordinate Bench of this Court and order was passed on 12.10.2022. By said order, bunch of writ petitions were disposed off granting liberty to petitioners to raise the grievances before the Labour Court as raised by association and meanwhile interim protection was granted.

Considering the aforesaid facts and circumstances of the case, writ petition is disposed off granting liberty to petitioners to avail the remedy available to them under the law. Other similarly situated labours have been granted protection that there will be no change in service condition as per Section 33(A) of Industrial Dispute Act, 1947. In view of same, it is directed that service conditions of petitioners may not be altered during pendency of conciliation proceedings.

With the aforesaid direction, writ petition is disposed off.

Certified copy as per rules.

Signature Not Verified Signed by: SUNIL KUMAR (VISHAL DHAGAT)

JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR