Kerala High Court
Bharat Petroleum Corporation Ltd vs The Presiding Officer on 31 May, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 23160 OF 2017
PETITIONER:
BHARAT PETROLEUM CORPORATION LTD.,
MENAMKULAM, KAZHAKKOOTTAM, TRIVANDRUM - 695 582,
REPRESENTED BY ITS TERRITORY MANAGER.
BY ADVS.
SRI. E. K. NANDAKUMAR (SR.)
SRI. M. GOPIKRISHNAN NAMBIAR
SRI. P. GOPINATH (SR.) (ELEVATED)
SRI. K. JOHN MATHAI
SRI. JOSON MANAVALAN
SRI. KURYAN THOMAS
SRI. PAULOSE C. ABRAHAM
RESPONDENTS:
1 THE PRESIDING OFFICER
CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL-CUM-LABOUR COURT, ERNAKULAM, 38/377, A2,
KARITHALA LANE, KARSHAKA ROAD,COCHIN - 682 016.
2 GOVERNMENT OF INDIA,
MINISTRY OF LABOUR AND EMPLOYMENT,
REPRESENTED BY ITS SECRETARY, NEW DELHI - 110011.
3 THE PRESIDENT,
ALL PETROLEUM PRODUCT TRANSPORTER ASSOCIATION,
MENAMKULAM, KAZHAKKOOTTAM, TRIVANDRUM - 695 582.
4 THE GENERAL SECRETARY,
ALL KERALA HEAD LOAD WORKERS UNION(AITUC),
KAZHAKKOOTTAM MANDALAM COMMITTEE, RPN BUILDINGS,
KAZHAKKOOTTAM, TRIVANDRUM - 695 582.
5 THE WORKING PRESIDENT,
KERALA PETROLEUM & GAS WORKERS UNION (CITU),
EMS MANDIRAM, KALABHAVAN ROAD, ERNAKULAM,
KOCHI - 682 018.
WP(C) NO. 23160 OF 2017
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6 VICE PRESIDENT
LOADING AND GENERAL WORKERS UNION (INTUC),
BPCL BOTTLING PLANT,MENAMKULAM,
KAZHAKKOOTTAM, TRIVANDRUM - 695 582.
BY ADVS.
SRI. B. ASHOK SHENOY
SRI. K. V. GEORGE
SRI. P. S. GIREESH
SRI. MILLU DANDAPANI
SRI. P. N.RAJAGOPALAN NAIR
SRI. RIYAL DEVASSY
SRI. GIRISH KUMAR V. - CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 23160 OF 2017
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DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 23160 of 2017
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Dated this the 31st day of May, 2024
JUDGMENT
1. The present writ petition has been filed by the petitioner
impugning Exhibit P-4 reference order under Section 10 of the
Industrial Disputes Act, 1947 whereby the Central Government
referred the following dispute for adjudication by the Central
Government Industrial Tribunal-cum- Labour Court, Ernakulam;
"Whether the demand of the unions for 20% bonus for the year
2015-16 and the stand taken by the management for settling the
same for minimum bonus IE: @ Rs. 7,000/- for the period under
reference is fair and justifiable? If not to what relief the parties
are entitled to?"
2. The learned Counsel for the petitioner submits that the
petitioner has no concern in any manner with the industrial
dispute referred to by the Central Government to the Central
Government Industrial Tribunal-cum- Labour Court, Ernakulam.
3. This writ petition has remained pending since 2017. There
has been no interim order. The learned Counsel for the
petitioner is not in a position to find out the stage of the
WP(C) NO. 23160 OF 2017
industrial dispute pending before the Central Government
Industrial Tribunal-cum- Labour Court, Ernakulam.
4. The petitioner company has come before this Court
against the reference order and it is always open to the
petitioner company to raise any objection regarding the
petitioner company being party before the Central Government
Industrial Tribunal-cum-Labour Court, Ernakulam in the
industrial dispute. If the petitioner has not filed its
objection/statement, it should be filed within a period of fifteen
days from today and, the Central Government Industrial
Tribunal-cum-Labour Court, Ernakulam shall make preliminary
issue regarding the petitioner being a necessary party in the
dispute.
With the aforesaid directions, this writ petition stands
disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
WP(C) NO. 23160 OF 2017
APPENDIX OF WP(C) 23160/2017
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 10.02.2017
PASSED BY CENTRAL GOVERNMENT INDUSTRIAL
OF 2016 IN I.D NO. 19 OF 2016
EXHIBIT P2 TRUE COPY OF THE CHARTER OF DEMANDS DATED
11.08.2016 SUBMITTED BY THE 4TH
RESPONDENT UNION TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE CHARTER OF DEMANDS DATED
01-08.2016 SUBMITTED BY THE 5TH
RESPONDENT UNION TO THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE ORDER OF REFERENCE
PASSED BY MINISTRY OF LABOUR & EMPLOYMENT
DATED 20.03.2017
