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2. The petitioner is a registered Trade Union and it is the only Union functioning at Kalpakkam, representing the interests of the employees of Madras Atomic Power Station (in short, 'MAPS'). It is a Member of Joint Consultative Council and represents the workmen category. Originally, MAPS and Nuclear Power Corporation of India Limited were directly functioning under the control of the Department of Atomic Energy (in short, 'DAE'). The Government of India took a policy decision to create a new Corporation by name, 'Nuclear Power Corporation of India Ltd.', ((in short, 'NPCIL') to vest all the Nuclear Power projects and Nuclear Power stations which http://www.judis.nic.in were hitherto functioning under the control of DAE with NPCIL and all the employees employed in various projects and power stations were transferred to the service of NPCIL initially on deputation basis, later absorbed in NPCIL. At the time when the employees were originally brought to NPCIL, the quarters occupied by the employees of MAPS were exclusively earmarked for them in respect of various type quarters. Initially, there was a common pool maintained in respect of other units which were under the control of DAE and the allotment was being made among the employees of various units by DAE or NPCIL. This was the practice till 1987. However, the situation was changed in 1988 when an Official Memorandum (OM) was issued on 30.05.1988 stating that the houses occupied by MAPS employees as on 01.05.1988 will be frozen for MAPS employees only. This was followed by the understanding reached between the Management and the Union representatives by reducing the same in Minutes recorded on 14.7.1988 providing exclusive accommodation for MAPS employees. At the time when the http://www.judis.nic.in employees were absorbed, the terms and conditions of service were specifically mentioned that the accommodation policy would be as per NPCIL scheme, i.e. O.M. dated 30.05.1988. Thus the employees of MAPS were assured of exclusive accommodation in various type of quarters and the same has been in vogue since 1988 till 2018-19 for over a period of 30 years.

4. It is submitted that Nuclear Power Corporation of India Limited (in short, 'NPCIL') is a wholly owned Government of India Enterprises which has come into existence out of Section 2(b) of Atomic Energy Act, 1962 and registered under the Companies Act, 1956, on 17.09.1987 engaged in the generation of electricity through Atomic Energy. MAPS is one station of NPCIL located in Kalpakkam.

10. According to the learned counsel appearing for the respondents, General Services Organization (in short, 'GSO') is the nodal agency which makes allotment to various units at NPCIL and even for MAPS also, only GSO makes allotment to its employees. According to the learned counsel, in order to remove disparity in the matter of allotting the quarters, a change has been brought in and by this change, all the employees of various units of NPCIL would become beneficiaries. According to him, there are 5976 houses which are open for being allotted to various categories of workmen/employees and in fact, it would be beneficial to MAPS employees also if they were brought under common pool.

12. Therefore, the learned counsel would submit that the employees of MAPS cannot claim exclusivity when the land and houses belonging to the Government and allotment is made actually by the GSO which is the nodal agency, in- charge of allotment of quarters for all units of NPCIL/DAE. He would further submit that because of the employees of MAPS having additional benefit of being granted higher type of accommodation more than their eligibility, as a matter of concession, they want to hold on such concession for ever to the exclusion of their counter parts working in other units of NPCIL and units of DAE. He would submit that as many as 164 times, the employees of NPCIL have been granted higher type of quarters. Therefore, they have vested interest for claiming exclusivity, in complete exclusion of right of the similarly placed DAE employees.