BHARAT PETROLEUM CORPORATION LIMITED v. COCHIN REFINERIES EMPLOYEES ASSOCIATION

SMT.ASHA K.SHENOY SRI.PAUL C THOMAS SRI.PRATAP ABRAHAM VARGHESE SRI.A.T.JOSEPH SRI.M.B.SOORI SRI.ASWIN T SURESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2024, ALONG WITH WP(C).10458/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos.75, 31880 of 2019 and 10458 of 2022 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945 WP(C) NO. 31880 OF 2019 PETITIONER: BHARAT PETROLEUM CORPORATION LIMITED KOCHI REFINERY, AMBALAMUGAL, COCHIN - 682 302, REP. BY ITS ED (HR), SHRI JAYESH SHAH. BY ADVS. P.BENNY THOMAS SRI.D.PREM KAMATH RESPONDENTS: 1 2 3 4 5 6 COCHIN REFINERIES EMPLOYEES ASSOCIATION AMBALAMUGAL, ERNAKULAM, PIN - 682 302, REP. BY ITS GENERAL SECRETARY, SHRI PRAVEEN KUMAR P. COCHIN REFINERIES WORKERS ASSOCIATION VPP1/427, AMBALAMUGAL, ERNAKULAM, PIN - 682 302, REP. BY ITS GENERAL SECRETARY, SHRI AJI M. G. REFINERY EMPLOYEES UNION (KRL) AMBALAMUGAL, ERNAKULAM, PIN - 682 302, REP. BY ITS GENERAL SECRETARY, SHRI NAZEEMUDEEN S. K. BPCL MAZDOOR SANGH (BMS) AMBALAMUGAL, PIN - 682 302, REP. BY ITS GENERAL SECRETARY, SHRI BINIL I. GENERAL AND CONSTRUCTION WORKERS UNION (CITU) AMBALAMUGAL, ERNAKULAM (DIST), KERALA, PIN - 682 302, REP. BY ITS GENERAL SECRETARY, SHRI N. K. GEORGE. COCHIN REFINERIES GENERAL WORKERS CONGRESS(INTUC),AMBALAMUGAL, ERNAKULAM (DIST), KERALA, PIN - 682 302, REP. BY ITS GENERAL SECRETARY, SHRI PRADEEP KUMAR P. K. W.P.(C) Nos.75, 31880 of 2019 and 10458 of 2022 4 7 DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL) OLIMUGAL, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682 030. BY ADVS. SRI.C.S.AJITH PRAKASH SRI.P.RAMAKRISHNAN SRI.S.KRISHNA MOORTHY(ERNAKULAM) SRI.MANU GOVIND SMT.H.SUBHALEKSHMI, CGC SMT.PREETHI RAMAKRISHNAN (P-212) SRI.T.K.DEVARAJAN SMT.T.N.SREEKALA SRI.C.ANIL KUMAR SRI.PAUL C THOMAS SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE SRI.FRANKLIN ARACKAL SRI.M.B.SOORI SHRI.BABU M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2024, ALONG WITH WP(C).10458/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos.75, 31880 of 2019 and 10458 of 2022 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945 WP(C) NO. 10458 OF 2022 PETITIONERS: 1 2 BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY, AMBALAMUGAL, COCHIN-682 302, REPRESENTED BY ITS CHIEF GENERAL MANAGER IN CHARGE (HR), SHRI.KURIAN P.ALAPATT. KURIAN P.ALAPATT, CHIEF GENERAL MANAGER IN CHARGE (HR), BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY, AMBALAMUGAL, COCHIN-682 302. BY ADVS. P.BENNY THOMAS D.PREM KAMATH TOM THOMAS (KAKKUZHIYIL) ABEL TOM BENNY JYOTHISH KRISHNA KURIAN OOMMEN THERAKATH JAIKRISHNAN.M.PISHARODI RESPONDENTS: 1 2 3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. IG & COMMISSIONER OF POLICE, KOCHI CITY, REVENUE TOWERS, ERNAKULAM-682 011. STATION HOUSE OFFICER, NH966A, MULAVUKADU POLICE STATION, ERNAKULAM-682 504. W.P.(C) Nos.75, 31880 of 2019 and 10458 of 2022 6 4 5 6 7 8 9 10 STATION HOUSE OFFICER, AMBALAMEDU POLICE STATION, ERNAKULAM-682 303. COCHIN REFINERIES EMPLOYEES' ASSOCIATION (CREA), AMBALAMUGAL, ERNAKULAM, PIN-682 302, REPRESENTED BY ITS GENERAL SECRETARY SRI.PRAVEEN KUMAR.P. COCHIN REFINERIES WORKERS ASSOCIATION (CRWA), VPPI/427, AMBALAMUGAL, ERNAKULAM, PIN-682 302, REPRESENTED BY ITS GENERAL SECRETARY SRI.AJI.M.G. GENERAL & CONSTRUCTION WORKERS' UNION (CITU), AMBALAMUGAL, ERNAKULAM DISTRICT, KERALA, PIN-682 302, REPRESENTED BY ITS SECRETARY SRI.N.K.GEORGE. COCHIN REFINERIES GENERAL WORKERS CONGRESS (INTUC), AMBALAMUGAL, ERNAKULAM DISTRICT, KERALA, PIN-682 302, REPRESENTED BY ITS PRESIDENT SRI,PAULSON P.PETER. KERALA PETROLEUM & GAS WORKERS UNION (CITU), EMS MANDIRAM, KALABHAVAN ROAD, ERNAKULAM NORTH, KOCHI-18, REPRESENGED BY STATE GENERAL SECRETARY SRI.P.K.ANILKUMAR. REGIONAL LABOUR COMMISSIONER (CENTRAL), OLIMUGAL, KAKKANAD, ERNAKULAM DISTRICT, PIN-682 030. BY ADVS. SHIRAS ALIYAR A.K.HARIDAS P.M.MUJEEB REHIMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2024, ALONG WITH WP(C).75/2019, 31880/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos.75, 31880 of 2019 and 10458 of 2022 7 AMIT RAWAL & C.S.SUDHA, JJ. ------------------------------------------------------- W.P.(C) Nos.75, 31880 of 2019 and 10458 of 2022 ---------------------------------------------------- Dated this the 16th day of January, 2024 J U D G M E N T Amit Rawal, J. Learned counsel for the petitioner submitted that these writ petitions may be closed. Ordered accordingly. Sd/- AMIT RAWAL JUDGE Sd/- C.S.SUDHA JUDGE Jms W.P.(C) Nos.75, 31880 of 2019 and 10458 of 2022 8 APPENDIX OF WP(C) 75/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 A TRUE COPY OF THE NOTIFICATION DATED 31.8.2018 TRUE COPY OF THE STRIKE NOTICES VARIOUS DATES TRUE COPY OF THE CHARTER OF DEMANDS SUBMITTED TO THE MANAGEMENTS TRUE COPY OF THE NOTICES OF CONCILIATION DATED 21.12.2018 AND 24.12.2018 TRUE COPY OF THE JUDGMENT DATED 13.7.2017 IN WPC.19137/2017 BY THIS HON'BLE COURT TRUE COPY OF THE ORDER DATED 27.1.2017 IN WPC.2888/2017 BY THIS HON'BLE COURT TRUE COPY OF THE JUDGMENT DATED 12.4.2018 IN WPC.10839/2018 BY THIS HON'BLE COURT W.P.(C) Nos.75, 31880 of 2019 and 10458 of 2022 9 APPENDIX OF WP(C) 31880/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 TRUE COPY OF THE NOTIFICATION DATED 28.8.2019. TRUE COPY OF THE STRIKE NOTICE DATED 11.11.2019 SUBMITTED BY THE 1ST RESPONDENT. TRUE COPY OF THE STRIKE NOTICE DATED 11.11.2019 SUBMITTED BY THE 2ND RESPONDENT. TRUE COPY OF THE STRIKE NOTICE DATED 11.11.2019 SUBMITTED BY THE 3RD RESPONDENT. TRUE COPY OF THE STRIKE NOTICE DATED 11.11.2019 SUBMITTED BY THE 4TH RESPONDENT. TRUE COPY OF THE STRIKE NOTICE DATED 11.11.2019 SUBMITTED BY THE 5TH RESPONDENT. TRUE COPY OF THE STRIKE NOTICE DATED 13.11.2019 SUBMITTED BY THE 6TH RESPONDENT. TRUE COPY OF THE LETTER DATED 13.11.2019. TRUE COPY OF THE NOTICE OF CONCILIATION DATED 13.11.2019. TRUE COPY OF THE MINUTES OF MEETINGS DATED 18.11.2019. TRUE COPY OF THE JUDGMENT DATED 13.7.2017 IN W.P.(C) NO.19137/2017. TRUE COPY OF THE ORDER DATED 02.4.2018 IN W.P.(C) NO.10839/2018. TRUE COPY OF THE ORDER DATED 22.3.2019 IN W.P.(C) NO.8916/2019. W.P.(C) Nos.75, 31880 of 2019 and 10458 of 2022 10 APPENDIX OF WP(C) 10458/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 TRUE COPY OF THE NOTIFICATIONS DATED 10.09.1970 GOMS NO.196/70/HOME. TRUE COPY OF THE NOTIFICATION NO.SO 856(E) DATED 25.02.2022 ISSUED BY MINISTRY OF LABOUR AND EMPLOYMENT. TRUE COPY OF THE STRIKE NOTICE DATED 14.03.2022 SUBMITTED BY 5TH RESPONDENT UNION. TRUE COPY OF THE STRIKE NOTICE DATED 11.03.2022 SUBMITTED BY 6TH RESPONDENT UNION. TRUE COPY OF THE STRIKE NOTICE DATED 11.03.2022 SUBMITTED BY 7TH RESPONDENT UNION. TRUE COPY OF THE STRIKE NOTICE DATED 15.03.2022 SUBMITTED BY 8TH RESPONDENT UNION. TRUE COPY OF THE STRIKE NOTICE DATED 09.03.2022 SUBMITTED BY 9TH RESPONDENT UNION. TRUE COPY OF THE NOTICES OF CONCILIATION DATED 16.03.2022. TRUE COPY OF THE NOTICES OF CONCILIATION DATED 16.03.2022. TRUE COPY OF THE NOTICES OF CONCILIATION DATED 16.03.2022. TRUE COPY OF THE NOTICES OF CONCILIATION DATED 16.03.2022. TRUE COPY OF THE NOTICES OF CONCILIATION DATED 16.03.2022. TRUE COPY OF THE MINUTES OF MEETING DATED 22.03.2022. Exhibit P14 TRUE COPY OF THE MINUTES OF MEETING W.P.(C) Nos.75, 31880 of 2019 and 10458 of 2022 11 DATED 22.03.2022. Exhibit P15 Exhibit P16 Exhibit P17 TRUE COPY OF THE MINUTES OF MEETING DATED 22.03.2022. TRUE COPY OF THE POLICE COMPLAINT DATED 23.03.2021 SUBMITTED BY THE PETITIONER. TRUE COPY OF THE JUDGMENT DATED 13.01.2017 IN WPC NO.37636 OF 2016 OF THIS HON'BLE COURT.