HC restrains Bharat Petroleum employees

Chennai, Sep 18 (UNI) Madras High Court today restrained the Bharat Petroleum Employees Union and Petroleum Workers Union, Chennai, from preventing ingress and eagress of employees willing to work, causing obstruction to movement of men, materials and vehicles in all Bharat Petroleum Corporation Limited (BPCL)'s installations or terminals or depots in the state.

Mr Justice M E N Patrudu who passed the interim order, also directed the DGP and Commissioner of Police to give full protection to the employees willing to go for work and also to their lives and properties, on a petition filed by BPCL, Chennai.

The petition also sought to restrain the Unions from resorting to illegal strike pursuant to the notice dated September 4, 2006.

In its petition, the BPCL submitted that it was a government of India undertaking, engaged in the business of marketing and distribution of petroleum products in Tamil Nadu. It was also supplying kerosine and LPG cylinders. While so, the two unions served notice intending to to on strike on September 19 and 20 on the issue relating to additional payment made by the Corporation for the financial year 2004-2005 and 2005-2006 under the Productivity Linked incentive scheme to the management staff.

It contended that since the payments were made to the management staff in terms of Mr Justice Mohan Committee, there was no obligation whatsoever to extend the same to the workers.

However, notwithstanding the committee's recommendation, the Corporation took a decision to make additional payment to the workmen also in August last. These payments were made purely on voluntary basis. The strike notice has been seized in conciliation under the applicable provisions of the Industrial Disputes Act on all India basis. The first round of conciliation proceedings were held at Mumbai on September 14 last and the same are pending.

Despite the pendency of the conciliation proceedings, petitioner apprehends that the workmen would resort to illegal strike in violation of the Industrial Disputes Act, the BPCL added.

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