Arasu Viraivu Pokkuvarathu v. State Express Transport
Case brief
What is this about?
The petitioner challenged the reduction of attendance and change of overtime pattern without notice under Section 9-A of the Industrial Disputes Act. The court noted the statutory obligation to issue notice for changes in service conditions but closed the petition as the appellant's apprehension no longer survived current operational changes.
What did the court decide?
No relief granted; Writ Petition closed as apprehension no longer survives.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2019
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.10066 of 2004
Arasu Viraivu Pokkuvarathu Uziar Sangam, Rep. by its General Secretary, 2, Pallavan Salai,
Chennai - 600 002. ..Petitioner
-Vs-
State Express Transport Corporation Ltd. Rep. by its Managing Director, Pallavan Salai, Chennai 600 002. ..Respondent
PRAYER:
Writ Petition, filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to forbear the respondent from reducing attendance to the conductors and changing the O.T. pattern from hourly based to flat rate without complying with Section 9-A of the ID Act.
The relief sought for in this Writ Petition is for a direction to forbear the respondent from reducing attendance to the conductors and changing the over time pattern from hourly based to flat rate without complying with the provisions under Section 9-A of the Industrial Disputes Act.
Issues for consideration
2 issues framed by the court
Whether the respondent was bound to issue a notice under Section 9-A of the Industrial Disputes Act before changing the overtime pattern touching matters covered under the Fourth Schedule.
Whether the cause of action regarding the reduction of attendance and change of overtime pattern still survives given the current operational changes accepted by workers.
Parties & counsel
- petitioner
Arasu Viraivu Pokkuvarathu Uziar Sangam, Rep. by its General Secretary
- respondent
State Express Transport Corporation Ltd., Rep. by its Managing Director
Coram
M.S. Ramesh
Case details
As recorded by the court registry
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