HC dismisses BPCL petition on employees strike notice

Chennai, Apr 16 (UNI) Madras High Court today dismissed a petition, filed by Bharat Petroleum Corporation Limited (BPCL), seeking to declare the strike notice issued by the Petroleum Employees Unions, proposing to go on strike on April 18, as illegal.

Mr Justice K Chandru dismissed the petition filed by BPCL, seeking to declare strike notice dated March 30, 2007 issued by Petroleum Employees Union, Petroleum Workers Union and Petroleum Employees Association, as illegal and violative of Section 23 of Industrial Disputes (ID) Act, in view of the fact that proceedings are pending adjudication of issues relating to quantum Performance Linked Incentive Scheme (PLIS).

According to the reply in response to strike notice, the workmen were aware of the dispute with reference to additional PLIS was pending for adjudication before the Central Government Industrial Tribunal at Mumbai. The workers were warned that in the event of their taking part in the strike, the strike would be declared as illegal.

The BPCL also sought an interim injuncting restraining the employees unions from resorting to the strike and assembling within 200 metres of offices, installation, terminals and depots.

In his order, the judge said when the petitioner has taken all the steps that are available to them under the law, it was not clear as to why they should come to this court seeking for a declaration that the strike notice was illegal and violative of section 23 of ID Act, in view of the pending reference before the Tribunal.

The judge said the interim injunction sought for has no nexus to the relief sought in the main petition. Even if the court declare that the strike was illegal, the assembling within 200 metres of offices are not covered by any provisions of ID Act.

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