Refinery Employees Union(Krl) vs Bharath Petroleum Corporation ...
2022 Latest Caselaw 7900 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                        WP(C) NO. 21111 OF 2022
PETITIONERS:

    1     REFINERY EMPLOYEES UNION(KRL)
          REG.NO.07/10/2002, BHARAT PETROLEUM CORPORATION
          LIMITED, KOCHI REFINERY, AMBALAMUGAL, KOCHI - 682 302,
          REPRESENTED BY ITS GENERAL SECRETARY S.K.NAZEEMUDEEN.
    2     SOYI K.J.
          BADGE NO.83643, OPERATOR A, BHARAT PETROLEUM
          CORPORATION LIMITED, KOCHI REFINERY, AMBALAMUGAL, KOCHI
          - 682 302.
          BY ADVS.
          P.RAMAKRISHNAN
          PREETHI RAMAKRISHNAN (P-212)
          T.C.KRISHNA
          C.ANIL KUMAR
          ASHA K.SHENOY
          PRATAP ABRAHAM VARGHESE
          GOKUL KRISHNA


RESPONDENTS:

    1     BHARATH PETROLEUM CORPORATION LIMITED
          KOCHI REFINERY, AMBALAMUGAL, KOCHI - 683 302
          REPRESENTED BY ITS EXECUTIVE DIRECTOR.
    2     CHIEF GENERAL MANAGER (A.R.)
          BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY,
          AMBALAMUGAL, KOCHI - 682 302.
    3     GENERAL MANAGER (COMP & BEN)
          BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY,
          AMBALAMUGAL, KOCHI - 682 302.


          BY SRI.BENNY P THOMAS-SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.21111 OF 2022

                                          2




                                 JUDGMENT

Dated this the 29th day of June, 2022

This writ petition is filed seeking the following

reliefs:

"a) A writ of certiorari or any other appropriate writ or order quashing and setting aside Exhibit P-1 to the extent it allows all employees in the non-management cadre to apply for promotion to management cadre and for placement in job group 'AO'

b) A writ of certiorari or any other appropriate writ or order quashing and setting aside Exhibit P-7,

c) Issue a writ of mandamus or other appropriate writ or order directing the respondents to re-notify the selection for internal promotion to management cadre in manufacturing, P & V Electrical and P & U Utilities in terms of Exhibits P-2 and P-3,

d) Hold that the 1st respondent is duty bound to carryout internal promotion to Group A management cadre, only from Grade VII non-management cadre."

2. Heard the learned counsel for the

petitioners and the learned Standing Counsel

appearing for the respondents.

W.P.(C)No.21111 OF 2022

3. It is submitted by the learned counsel

appearing for the petitioners that the first petitioner

is a trade union and the 2nd petitioner is a member of

the trade union who is working as Operator-A in the

manufacturing department of Kochi Refinery of the

BPCL. It is submitted that by Exhibit P2 promotion

policy and Exhibit P3 settlement, internal promotion

of non-managerial employees to managerial cadre is

fixed. It is submitted that Exhibit P7 circular has

been issued unilaterally altering Exhibits P2 and P3

and stipulating that internal promotions would be to

a newly created job group 'A0' in the managerial

cadre. It is further stated that Exhibit P1, inviting

applications from non-managerial cadre for internal

promotion to managerial cadre, is from all posts in

the non-managerial cadre. Learned counsel for the

petitioners submits that this is clearly in violation of

Exhibit P2 promotion policy and Exhibit P3 long term W.P.(C)No.21111 OF 2022

settlement. It is submitted that Exhibit P8 detailed

representation has been submitted by the trade

union before the first respondent and that the same

is liable to be considered before proceeding with the

selection.

4. The learned Standing Counsel would

contend that Exhibit P3 itself contains specific

provisions with regard to internal promotions to be

made with effect from 01.04.2015 and that the

specifications in Exhibit P7 are, therefore, well

supported by Exhibit P3 itself. It is also submitted

that the 2nd petitioner is not an applicant to the post

and that the 1st petitioner trade union represents

only 14% of the employees of the work force of the

Kochi Refinery.

In view of the fact that the trade union has

submitted Exhibit P8 representation before the 1 st

respondent, raising objections to Exhibit P7 W.P.(C)No.21111 OF 2022

notification, I am of the opinion that it is for the 1 st

respondent to consider Exhibit P8 representation and

to give the trade union a reasoned reply to the same.

In the result, there will be a direction to the 1 st

respondent to take up Exhibit P8 representation

preferred by the 1st respondent trade union and to

consider and pass orders on the same, after hearing

authorized representatives of the 1 st petitioner trade

union and any other person they would wish to hear

in the matter. Appropriate orders shall be passed

within a period of two weeks from the date of receipt

of a copy of this judgment. The filling up of the

posts pursuant to Exhibit P1 will be kept in abeyance

till orders are passed as directed.

Sd/-

ANU SIVARAMAN JUDGE SSK/29/06 W.P.(C)No.21111 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:

TRUE COPY OF NOTICE NO.KR.HR.ER.3.PROMOTION Exhibit P1 DATED 3/6/2022 ISSUED BY THE 2ND RESPONDENT. TRUE COPY OF POLICY FOR PROMOTION OF WORKMEN TO Exhibit P2 A GRADE OFFICER OF THE 1ST RESPONDENT ESTABLISHMENT.

TRUE COPY OF LONG TERM SETTLEMENT DATED 30/5/2013 ENTERED INTO BETWEEN THE 1ST Exhibit P3 RESPONDENT AND THE TRADE UNIONS REPRESENTING WORKMEN.

TRUE COPY OF REPRESENTATION DATED 30/12/2015 Exhibit P4 SUBMITTED BY SRI.RAJEEV KUMAR R. BEFORE THE 1ST RESPONDENT.

TRUE COPY OF REPLY DATED 5/01/2015 GIVEN BY THE Exhibit P5 1ST RESPONDENT TO SRI.RAVEEV KUMAR R. TRUE COPY OF CIRCULAR DATED 01/03/2021 ISSUED Exhibit P6 BY THE 3RD RESPONDENT.

TRUE COPY OF THE CIRCULAR DATED 03/06/2022 Exhibit P7 ISSUED BY THE 3RD RESPONDENT.

TRUE COPY OF REPRESENTATION DATED 15/6/2022 Exhibit P8 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

 SSK                          //TRUE COPY//         PA TO JUDGE