GUMAN MAL LODHA, J. - (1.) THE prayer of the petitioner is that I. By an appropriate writ, order or direction, the respondent's may be restrained from giving effect to the Notice of change in service conditions dated 24 -4 -1951 (Ann. 4) and the same may be declared to be ineffective qua the petitioner. II. Further by an appropriate writ, order or direction it be declared that the Industrial Employment (Standing Orders) Act, 1946 and the Rules made thereunder are not applicable to the workmen of the Respondent No 1 and the respondents may be directed not to take any action in regard to the workmen of the Sangh by taking resort to the said Act.
(2.) IT is alleged that by Annexure 3, the provision's of the Rajasthan Service Rules, were made applicable to the petitioner till separate Service Rules are not framed. According to these Rules, certain leaves can be taken by the workmen. On 24th April, 1981 order (Annexure 4) supersedes the earlier leave provisions because now holidays have limited to eight.
(3.) THE case of the petitioner is that since a right to avail a large number of holidays was available to the petitioner on account of the Rajas -than Service Rules, this right carinot now be divested. If it is divested then it results in retrospective operation which cannot be given. The petitioner also contends that this order (Annexure 4) is under Section 9A of the Incustrial Disputes Act and since it is an executive order, it cannot be given no retrospective effect.;