BHARAT HEAVY ELECTRICALS LIMITED Vs. SUPERVISORS UNION

JUDGEMENT

(1.) The Writ Appeal has been preferred against the order dated 24.11.2009 passed in W.P.No.1127/1996 by a learned Single Judge of this Court.

(2.) Learned Counsel appearing for the appellant assailing the impugned order pleaded that the appellant BHEL is a Government of India Undertaking, engaged in the manufacture of High Pressure Boilers, Boiler Components, Valves, Soot Blowers, Fans and other equipments which are necessary for Nuclear and Thermal Power Stations for generating electricity and also undertakes the work of defence service. Since the employees working in the company are required welfare schemes for their stay, the appellant BHEL company has constructed various types of quarters. The appellant company after constructing thousands of quarters by granting them licenses, they were allowed to stay in the quarters. The license fee is also being revised from time to time based on the directions of the Corporate Office as well as the Government of India Guidelines. While so, due to the increase in the maintenance and administration expenses, the Government of India issued Official Memorandums dated 28.06.1991 and 26.07.1993 informing the appellant company to revise the rate of license fee to be charged for various types of quarters. By virtue of the Government of India Guidelines, the appellant Corporate Office vide Circular No.22 of 1994 dated 27.07.1994 informed the occupants of the various quarters to pay the license fees at the revised rate. Only after this issue was discussed with the four Participating Unions of the appellant company deliberately, the appellant company has issued the impugned Circular dated 6.12.1995.

(3.) Learned Counsel for the appellant further pleaded that as the employees occupying the appellant's quarters are subject to the rules and regulations enumerated in the House Allotment Rules, they are charged with prescribed occupancy charges which are fixed by the appellant's Management from time to time. Therefore, in terms of the House Allotment Order issued to them, allottees are liable to pay the occupancy charges, water and conservancy charges per month as applicable at such rate that may be fixed by the appellant Management including the house rent which is also accepted by every employee/Officer. After accepting the quarters allotment subject to the terms and conditions imposed under the House Allotment Rules and House Allotment Order, the members of the 1 st respondent Union who are all falling under the separate category of Supervisory (Technical) SAI to SAVII and not being covered by any agreement whatsoever wrongly filed the W.P.No.1127/1996, challenging the correctness of the impugned Circular dated 06.12.1995, which is nothing to do with the supervisory category.