Dunga Sattibabu Visakhapatnam And 10 Others v. Secretary Ministry Of Labour And Employment New Delhi And 3 Ot

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.21850 OF 2017 ORDER:

This writ petition is filed challenging the circular letter in RO:AP:HRM:04:2935, dated 28-08-2015 to the extent of holding that engagement of the petitioners at branches is purely temporary and cannot be made permanent.

The matter was argued at length.

Learned Standing counsel for the respondent-bank states that the petitioners have already invoked the provision of conciliation and the same is pending before the 2nd respondent and the 2nd respondent advised the management not to disengage the petitioners during pendency of conciliation. Learned Standing Counsel further says once the proceedings under Section 12 (2) of Industrial Disputes Act pending before the authorities, the petitioners cannot invoke writ jurisdiction.

Learned counsel for the petitioners submits that since the impugned circular is coming in their way, the writ petition has been filed and states that the petitioners will raise all his objections before the Conciliation Officer.

It is to be seen that the conciliation proceedings are pending before the 2nd respondent. In view of the same, it is open for the petitioners to raise all objections before Conciliation Officer which are raised herein and the Conciliation Officer is obligated to consider the same. However, in case, the petitioners are aggrieved by decision taken there, they are at liberty to avail remedies available under law.

Accordingly, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 06-09-2017 Nvl