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16. W.P. No. 25618 of 2004:- In this writ petition, Mr.Balan Haridas, learned Counsel appearing for the TMTM Union in addition to the argument advanced by the learned Senior Counsel Mr.Chandru appearing for the CITU Union, writ petitioner in the Writ Petition No. 38046 of 2002, made the following submissions:-

17. Mr.Balan Haridass, learned counsel appearing for the Tamil Nadu Electricity Board Workers Progressive Union, ("TMTM Union"), viz., the writ petitioner in W.P. No. 25618 of 2004, argued that the memorandum of settlement entered on 8.7.1998 is also applicable to the contract workers employed under K2 and Chit agreements. The learned counsel also referred to the facts that as per the memorandums of Electricity Board dated 19.10.2000, 10.11.2001, 20.10.2003, 14.10.2004, ex-gratia payment of Rs.400/- was ordered to be paid upto 2002-2003 and Rs.500/- thereafter to the contract labourers working in the distribution and other areas and employees on consolidated remuneration, part-time employees and part-time contingency workers, who were in service during the years 1999-2000, 2000-2001, 2001-2002, 2002-2003 and 2003-2004 and if really, the memorandum of settlement reached on 8.7.1998 is not applicable to the contract workers engaged as per K2 and Chit Agreements, such ex-gratia payments could not have been ordered.

18. The learned counsel appearing for the TMTM Union also contended that the State Government should be a model employer and that the memorandum of settlement dated 8.7.1998 is applicable also for the contract labourers under K2 and Chit Agreements. It is also submitted by the learned counsel that if the amount is payable to all the contract workers under K2 and Chit Agreements also, then it will not cost much to the exchequer and it would be around a sum of Rs.25/- Lakhs per month and Rs.3/- Crores per year, besides arrears which may come to 15 to 16 Crores. The learned counsel also relied on the following decisions in support of the arguments that the workers under K2 and Chit Agreements are workmen and as such entitled for the benefit conferred under the settlement dated 8.7.1998.

28. TMTM Union furnished lists of contract workmen in Distribution Circles, belonging to T.N.E.B. Workers Progressive Union containing 7140 persons in the Writ Petition No. 25618 of 2004 as the contract workers engaged under K2 and Chit Agreements.

29. We refer the following decisions to decide the matter in issue and relied on by the learned Senior Counsel appearing for the Electricity Board:-

(1) Bihar Rajya Vidyut parishad Field Kamgar Union v. State of Bihar and Ors. , in which the Hon'ble Supreme Court held in paragraph 3 thus:-

35. As regards the argument advanced by the learned counsel for the TMTM Union that the settlement dated 8.7.1998 is applicable in respect of the contract workers under K2 and Chit Agreements, inasmuch as ex-gratia payment has been ordered, viz., as per the memorandums of Electricity Board dated 19.10.2000, 10.11.2001, 20.10.2003, 14.10.2004, ex-gratia payment of Rs.400/- was ordered to be paid upto 2002-2003 and Rs.500/- thereafter to the contract labourers working in the distribution and other areas and employees on consolidated remuneration, part-time employees and part-time contingency workers, who were in service during the years 1999-2000, 2000-2001, 2001-2002, 2002-2003 and 2003-2004, there is no force in that argument in view of the fact that as the policy of the Statement Government, such ex-gratia payment has been ordered irrespective of the facts whether the workers are permanent workers or contract workers under any agreement and as such, no right can be claimed by the contract workers under K2 and Chit Agreements for payment as per the settlement dated 8.7.1998, without the evidence let in on either side and which issue can be settled only by way of Industrial Dispute. Similarly, though lists of contract workmen in Distribution Circles, belonging to T.N.E.B. Workers Progressive Union containing 7140 persons have been enclosed along with the Writ Petition No. 25618 of 2004 as the contract workers engaged under K2 and Chit Agreements, which claim is disputed by the Electricity Board, that dispute also can be settled only by leading evidence in the Industrial Dispute. In the memorandum of settlement dated 8.7.1998 it is clearly stated thus:-