DOCKYARD EMPLOYEES Vs. MAZGAON DOCK LTD

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) Petitioner is a Trade Union registered under the provisions of the Trade Unions Act. It has amongst its members workmen working with respondent No. 1, which is a State or other authority or instrumentality within the meaning of Article 12 of the Constitution of India and hence amenable to the writ jurisdiction of this Court. Respondent Nos. 2 and 3 are sued in their capacity as Chairman and Managing Director and General Manager of respondent No. 1. Respondent No. 4 is the intervenor Union which has also membership amongst workmen engaged by respondent No. 1. Since 10th February, 1992 pursuant to cancellation of certificate of Recognition granted to the Association of Engineering Workers, there is no recognised/representative union of the workmen. The 1 st respondent in the year 1992 had decided to form a bargaining Council consisting of some management representative and two representatives each, from the then four registered trade unions for the purpose of resolving disputes of their employees. Presently there are nine unions on the bargaining Council.

(3.) The respondent-company has entered into various settlements under section 2(p) read with section 18(1) of the Industrial Disputes Act, in the matter of various service conditions. One such settlement was entered into on 17th September, 1998. The unions had fulfilled their obligations under the Memorandum of Settlement dated 17th September, 1998. Pursuant to further negotiations settlements were signed on 14th May, 2003, 8th July, 2003, 13th July, 2004, 19th October, 2004 and 20th October, 2005. According to the petitioners their members have accepted the settlements and have fulfilled their obligation under each of the aforesaid settlements. A promotion policy was formulated and which has been amended from time to time resulting in what is known as Promotion Rules. Under the Promotion Rules, the normal pre-requisite for promotion for the post of Special Grade to the Post of Mistry, is that, the incumbent should have three years confirmed service in Special Grade and the ratio of vacancy would be 1:20 on total strength of Skilled Grade 1, Skill Grade II, Highly Skilled and Special Grade and the minimum average report as per A. A. Rs. for past three years without any adverse remarks and with good conduct and attendance.