BHARAT HEAVY ELECTRICALS LTD Vs. GENERAL SECRETARY

JUDGEMENT

(1.) The petitioner is a Government of India undertaking engaged in the business of engineering, manufacture, supply, erection, testing and commissioning of Electrostatic Precipitators, Air Preheaters, Industrial Fans, Wind Electric Generators, Desalination Plants and other products. The petitioner company comes under the direct control of the Ministry of Heavy Industries, Government of India. The 1st respondent is an Union, representing a category of supervisors, belonging to S-1 to S-3 grades, who are employed in the petitioner Management.

(2.) The 1st respondent approached the 3rd respondent, viz., Regional Labour Commissioner seeking for negotiation and settlement in regard to certain disparities in the pay as applicable to categories S-1 to S-3 supervisors and other incidental issues. The matter was taken up for conciliation by the 3rd respondent under the provisions of the Industrial Disputes Act. Before the 3rd respondent, on behalf of the petitioner herein, it was contended that the members of the 1st respondent Union were not workman as defined u/s 2 (s) of the Industrial Disputes Act and, therefore, no conciliation could be pursued under the provisions of the Industrial Disputes Act.

(3.) The 3rd respondent, after conclusion of the conciliation and having found no settlement between the parties, submitted a failure report to the 4th respondent on 19.10.16. On the basis of the failure report, the 4th respondent, Central Government, referred the dispute for adjudication vide its proceedings dated 20.11.17. The terms of reference for adjudication by the 2nd respondent, Industrial Tribunal-cum- Labour Court are extracted hereunder :-