BHARAT PETROLEUM CORPORATION LTD Vs. UOIMR

JUDGEMENT

(1.) The petition impugns the reference, in exercise of powers under Section 10 of the Industrial Disputes Act, 1947, made by the respondent no.1 of the following dispute to the Industrial Adjudicator:

(2.) Notice of the petition was issued and vide order dated 18 th February, 2009 which continues to be in force, the operation of the reference dated 13 th October, 2008 stayed. Resultantly, the proceedings before the Industrial Adjudicator are stalled.

(3.) The case of the petitioner is that M/s Oberai Service Station was the dealer of the petitioner for sale of petroleum products at a petrol filling station situated at S-19 Green Park Extension, New Delhi; that the dealership of M/s Oberai Filling Station was terminated for various breaches of the terms and conditions of the dealership agreement; on termination of such dealership, the license given by the petitioner to the said M/s Oberai Service Station to operate the petrol pump and sell the petroleum products therefrom came to an end; that the workmen whose disputes have been referred for adjudication were engaged by the said M/s Oberai Service Station and at no point of time there was any employer-employee relationship between the petitioner and the said workmen; that the claims if any of the said workmen are to be against M/s Oberai Service Station. On the basis of the said pleas, it is contended that in the absence of any relationship of employer and employee between the petitioner and the workmen, the question of any industrial dispute between the workmen and the petitioner and the question of reference thereto or the question of the Industrial Adjudicator having jurisdiction to adjudicate the same, does not arise. It is further contended that M/s Oberai Service Station was carrying on independent business of buying petroleum products from the petitioner and selling the same to the public and was not a contractor of the petitioner within the meaning of the Contract Labour (Regulation & Abolition) Act, 1970.