Kerala High Court
Cochin Refinereis Workers Association vs Union Of India on 5 June, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 22664 OF 2020
PETITIONER/S:
1 COCHIN REFINEREIS WORKERS ASSOCIATION
REG. NO. 7-82/91, BPCL KOCHI REFINERY, AMBALAMUGAL,
ERNAKULAM, 682 302, REPRESENTED BY ITS SECRETARY.
AJI.M.G.
2 S. ANOOP,
PLANT OPERATOR, EMPLOYEE NO. 84398 , MANUFACTURING
DEPORTMENT, BPCL, KOCHI REFINERY, AMBALAMUGAL P.O.
ERNAKULAM 682 302.
BY ADVS.
P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY MINISTRY OF PETROLEUM AND
NATURAL GAS, A WING, SHASTHRI BHAVAN, DR. RAJENDRA
PRASAD ROAD, NEW DELHI 110 001.
2 THE SECURITIES AND EXCHANGE BAORD OF INDIA,
PLOT NO. C-4/A, G BLOCK, NEAR BANK OF INDIA, BHANDRA
KURLA COMPLEX, BHANDRA EAST, MUMBAI 400 051,
REPRESENTED BY ITS SECRETARY.
3 BHARAT PETROLEUM CORPORATION LIMITED,
BHARATHA BHAVAN, 4 AND 6 KARIM BHOY ROAD, BALLARD
ESTATE, MUMBAI, 400 001, REPRESENTED BY ITS CHAIRMAN.
BY ADVS.
SRI.R.PRASANTH KUMAR, CGC
SRI.K.M.JAMALUDHEEN
SRI.P.BENNY THOMAS
SRI.D.PREM KAMATH
SRI.TOM THOMAS (KAKKUZHIYIL)
W.P (C) Nos.22664/2020 & 21427/2020 -2-
SHRI.ABEL TOM BENNY
SHRI.JYOTHISH KRISHNA
SMT.MEENAKSHY S DEV
SHRI.AHAMMAD SACHIN K.
SHRI.KURIAN OOMMEN THERAKATH
SRI. T.C.KRISHNA, DSGI IN-CHARGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, ALONG WITH WP(C).21427/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) Nos.22664/2020 & 21427/2020 -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 21427 OF 2020
PETITIONER/S:
COCHIN REFINERIES EMPLOYEES ASSOCIATION
REG. NO 120/67, AMBALAMUGAL, KOCHI 682 302 REPRESENTED
BY ITS GENERAL SECRETARY
BY ADVS.
C.S.AJITH PRAKASH
SRI.T.K.DEVARAJAN
SMT.T.N.SREEKALA
SHRI.BABU M.
SMT.ANCY THANKACHAN
SHRI.NIDHIN RAJ VETTIKKADAN
RESPONDENT/S:
1 UNION OF INDIA
THROUGH THE SECRETARY. MINISTRY OF PETROLEUM AND
NATURAL GAS, GOVERNMENT OF INDIA, A-WING, SHASTRI
BHAVAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI 110 001
2 SECURITIES AND EXCHANGE BOARD OF INDIA,
PLOT NO. C-4/A, G-BLOCK, NEAR BANK OF INDIA, BANDRA
KURLA COMPLEX, BANDRA EAST, MUMBAI 400 051 REPRESETED
BY ITS CHAIRMAN.
3 THE CHAIRMAN AND MANAGING DIRECTOR,
BHARAT PETROLEUM CORPORATION LTD, BHARAT BHAVAN,
BALLARD ESTATE, MUMBAI 1
4 BHARAT PETROLEUM CORPORATION LTD,
KOCHI REFINERY, AMBALAMUGAL 682 302 REPRESENTED BY ITS
EXECUTIVE DIRECTOR (H.R)
BY ADVS.
SRI.K.M.JAMALUDHEEN
SRI.BENNY P.THOMAS, SC, COCHIN INTERNATIONAL AIRPORT
LIMITED
SRI.D.PREM KAMATH
W.P (C) Nos.22664/2020 & 21427/2020 -4-
SRI.TOM THOMAS (KAKKUZHIYIL)
SHRI.ABEL TOM BENNY
SHRI.JYOTHISH KRISHNA
SMT.MEENAKSHY S DEV
SHRI.AHAMMAD SACHIN K.
SHRI.KURIAN OOMMEN THERAKATH
SRI. T.C.KRISHNA, DSGI IN-CHARGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, ALONG WITH WP(C).22664/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) Nos.22664/2020 & 21427/2020 -5-
JUDGMENT
Learned counsel for the petitioners submits that these writ petitions
may be dismissed as not pressed.
Accordingly these writ petitions are dismissed as not pressed.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF WP(C) 21427/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE
EXHIBIT P2 A COPY OF THE NOTIFICATION DATED 20-11-2019
OF THE CABINET COMMITTEE ON ECONOMIC AFFAIRS
EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 28-09-2020
ALONG WITH THE ANNEXURED OFFER
EXHIBIT P4 A TRUE COPY OF THE LETTER NO. HRD C AND B.1
CON ESPS-2020 DATED 28-09-2020
EXHIBIT P5 A TRUE COPY OF THE STRIKE NOTICE ISSUED BY
THE UNION DATED 24-12-2019 ALONG WITH ITS
ANNEXURES.
EXHIBIT P6 A TRUE COPY OF THE SECURITIES AND EXCHANGE
OARD OF INDIA (SHARE BEASED EMPLOYEE
BENEFITS) REGULATIONS, 2014 PUBLICHED IN THE
GAZETTE OF INDIA EXTADINARY PART-III-SECTION
4 PUBLSHED AUTHORITY NEW DELHI, DATED
28.10.2014
EXHIBIT P7 A TRUE COPY OF BPCL EMPLOYES STOCK PURCHASE
SCHME, 2020
APPENDIX OF WP(C) 22664/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF NOTICE DATED 5/9/2020 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P2 TRUE COPY OF LETTER DATED 28/9/2020 FROM THE 3RD
RESPONDENT TO THE STOCK EXCHANGE.
EXHIBIT P3 TRUE COPY OF LETTER DATED 28/9/2020 ISSUED BY THE
3RD RESPONDENT 2020 TO ALL EMPLOYEES OF BPCL KOCHI
REFINERY INFORMING THEM ABOUT SCHEME.
EXHIBIT P4 TRUE COPY OF SCHEME AVAILABLE ON THE WEBSITE OF THE
3RD RESPONDENT.
