JUDGEMENT
MADHAV J.JAMDAR, J. -
(1.)In this Writ Petition filed under Article 226 of the Constitution of India, the Petitioners, who are the Unions representing workers of Respondent No.3 - Bharat Petroleum Corporation Ltd., have sought for the following reliefs :
"34. The Petitioners therefore pray that this Hon'ble Court be pleased to issue a Writ of Mandamus or a writ in the nature or Mandamus or any other appropriate writ, order or direction :
(A) Referring to the Ld. Industrial Court the Demands mentioned in the FoC, namely concerning -
(i) Privatization
(ii) 95% DA neutralization and 12% Fitment
(iii) Pay Scale Maxima of Rs. 1,36,000/- for Grade 9
(iv) Clause 1(f)
(v) Enhanced Roles and Responsibilities
(vi) Manning to be Management prerogative
(vii) Abolition of Chargehand position (Highest promotional post in the workmen category)
(B) Directing the Respondent No. 3 to allow the Petitioners to accept the terms of settlement given to other workers, without prejudice to the Petitioners' demands, and rights to litigate their demands before the Ld. Industrial Tribunal"
(2.)Respondent No.3 - Bharat Petroleum Corporation is a Public limited Company registered under the Companies Act, 1956 and is a Government Company under section 617 of the said Act. Respondent No.3 is engaged in business of refining of crude oil and marketing/storage/supply and distribution of petroleum products etc. Respondent No.3 is a Government of India Undertaking and is declared to be a "public utility service" under the Industrial Disputes Act, 1947 (hereinafter referred as "I.D. Act").
(3.)The Charter of Demands dated 28/11/2019 of the Petitioners was served on Respondent No.3 on 20/12/2019. Respondent No.3 filed Writ Petition No.355 of 2020 before this Court immediately after receipt of the Charter of Demands seeking relief regarding proposed strike of the Petitioners on the ground that the Conciliation proceedings were pending before Respondent No.2 - Chief Labour Commissioner (Central).
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