I.B.P. COMPANY LTD. Vs. GENERAL SECRETARY, CHEMICAL EMPLOYEES UNION, MAZDOOR SABHA BHAVAN, NANDINI ROAD, BHILAI

JUDGEMENT

(1.) The petitioner Company was a Government of India undertaking at the relevant point of time having three separate business groups engaged in three separate and distinct business carrying on the business of Petroleum, Chemical and Engineering. Each business group had its own set of rules and regulations and respective long term settlement were operating in specified business group for the purposes of benefit extended to the employees of different business groups. All the different business groups are governed by individual long term settlement.

(2.) Productivity Linked Incentive (PLI) for Chemical group was calculated at the limit of maximum salary of Rs.750.00 per month. On 24-3-2001, the petitioner Company arrived at a long term settlement with the respondent Union representing the business group of Chemical division under the provisions of the Industrial Disputes Act, 1947 and the said scheme was revised and computation of incentive was limited to the maximum of Rs.3,500.00 per month. The respondent Union raised industrial dispute before the Conciliation Officer in respect of ceiling imposed by the management of the petitioner Company i.e. Rs.3,500.00 per month and after conciliation, the appropriate Government vide its order dated 17-11-2003 referred the industrial dispute to the Industrial Court invoking Sec. 51 of the Chhattisgarh Industrial Relations Act, 1960. The term of reference was, "whether it is proper / necessary to grant the benefit of PLI scheme without ceiling to the employees working in the establishment and if yes, what would be scheme for it".

(3.) Before the Industrial Court, the respondent Union was the first party and it filed the statement of claim stating inter alia that the petitioner is a Government of India undertaking and it has to act as a model employer. It has been averred that the discriminatory policy of the petitioner Company is writ large from the fact that favoured units like Corporate Office and Petroleum division employees were given the benefit of PLI without any ceiling limit whereas, the employees working in the Chemical division now renamed as Business Group Explosives are being given the said benefit but with ceiling limit of Rs.3,500.00 per month and thereby it is clearly discriminatory in nature.