BHARAT PETROLEUM CORPORATION LIMITED Vs. WORKMEN EMPLOYED IN THE REFINERY DIVISION OF BHARAT PETROLEUM CORPORATION LIMITED

JUDGEMENT

(1.) GRANT of 50% relief and denial of 50% relief cannot always be considered as justice according to law. The award of the Central Industrial Tribunal has exactly done so by granting 50% wages to the employees and denying them 50% of the wages. Both the parties have filed the above writ petitions to challenge the same. Hereinafter, both the parties would be referred to as "the employer Corporation" and "the employees union".

(2.) THE facts in nutshell can be stated as follows :---

(3.) IT appears that about 250 workmen assembled on 6th January, 1982 outside the administrative building and demonstrated for two hours by remaining unauthorisedly absent from the work. Under the shadow of the trade union agitations, both the parties, however, were continuing mutual discussions and negotiations. By its letter dated 12th January, 1982, to the Secretary, Department of Labour, the management placed on record the inside developments and the situation prevailing in the factory premises. It appears that the management was desirous and willing to have a long term settlement on a condition that the employees Union should withdraw the pending cases filed by them. On 13th January, 1982, the workmen informed the management that 92% of the workmen, had voted for going on an indefinite strike. It appears that a general meeting of the workmen, members of the union was convened to take secret ballot to find out the willingness or otherwise of the workmen to go on an indefinite strike. In the secret ballot held on 12th/13th January, 1982, according to Union itself, a large number of workmen favoured such a strike. It is an admitted position that the management was informed about the result of the secret ballot that the workmen would go on an indefinite strike to press their demands. It is, however, pertinent to note here that no formal strike notice was given and no date for commencing of such strike was fixed and communicated by the Union to the management. According to the Union, even before such a strike notice could be issued, the management started shutting down the refinery plant from midnight of 13th January, 1982 and early 14th January, 1982. According to Union, though they had communicated the result of the secret ballot that the majority of the workmen were willing to go on an indefinite strike, it was not as yet decided finally and no such strike notice was served on the management. It is the case of the Union that when they reported for work on 14th January, 1982, they found that there was no work in some of the departments because of back process of shutting down of plants was set in motion and the management officers were present at such places. As a result of shutting down of back process, the workmen were without work on 14th January, 1982 and on 15th January, 1982 till midnight. As a protest against such abrupt shutting down of the plant, a section of the workmen held demonstrations in the premises. According to the management on 14th January, 1982, though the workmen had entered the premise of the factory, they did not do any work. According to it, the workmen in maintenance L. P. G. plant, wagon filling areas, bitumen protection area and tanker filling areas abstained from work and continued to shout slogans while process technicians in the L. P. G. plant and workmen in utilities, securities and fire station continued to work. In the aforesaid circumstances, both the parties, however, continued discussions. It is the case of the management that they had made on interim offer to the workmen but the same was rejected. It is also the case of the management that at 7. 30 p. m. on 14th January, 1982, in a gate meeting a decision was taken to reject the offer of the management and to continue the strike till all the demands were accepted. The management was also informed that the other unions of the process technicians, fire utilities and securities would abstain from work within 24 hours next. According to management on 15th January, 1982, the workmen in L. P. G. filling plant, bitumen filling and maintenance entered the refinery but did not do any work. Again on the same day, members of the process technicians Associations Union, fire security Utility etc. also abstained from work and none of the labour category workmen attended to work from 11. 45 p. m. and therefore the management was compelled to phase out catalytic plant and sought help of process technicians in the same. However, such help was refused. In the aforesaid circumstances, according to the management it was compelled to phase out operating plant one by one and had informed the Government of Maharashtra the whole situation which had arisen in the refinery. According to the management , the clerical staff, however, continued to work till 15th January, 1982 but stopped working thereafter. The management placed all these events on the record of the State Government and also unions and continued to display notices exerting the workmen to join back on duty.