Services (Re-organization and Conditions) Act, 1975 | Case Reference

Services (Re-organization and Conditions) Act, 1975

Sections 2, 3 and 5- A trade union can definitely enter into agreement with the management for improvement of the service and conditions of its members, but not in derogation of the laws prevalent at the relevant time- Findings of the High Court Division and the leave granting order as quoted above, the only question which is to be decided in the appeal is whether the agreement entered into by the trade unions and the corporation on behalf of the nationalized enterprises, namely, Carew and Company on 20.11.1984 fixing the scales of pay and grades and other emoluments in violation of the laws could be said to be valid and implemented and whether the said agreement created any vested right to the writ-petitioners and the same could be enforced by invoking the writ jurisdiction of the High Court Division under article 102 of the Constitution.

A trade union can definitely enter into agreement with the management for improvement of the service and conditions of its members, but not in derogation of the laws prevalent at the relevant time. We find no merit in this appeal and accordingly the same is dismissed. ... Sohrab Ali Miah =VS= Bangladesh Sugar & Food Industries Corporation, [7 LM (AD) 56]