Lawstreet Journal

Employees of BPCL Prevented from Going on Strike amid pendency of Conciliation Process by Bombay HC [READ ORDER]

Lawstreet Journal 10 Sep 2020 9:29pm

Image courtesy: Lawstreet Journal Judiciary Employees of BPCL Prevented from Going on Strike amid pendency of Conciliation Process by Bombay HC [READ ORDER]

A writ petition was filed by Bharat Petroleum Corporation Limited (BPCL) seeking relief from the separate notices received from trade union representing workmen in the refinery and for the workmen in the marketing side of going on strike from 7:45 am on 7th September to 7:45 am on 9th September and from 6:00 am on 7th September to 6:00 am on 9th September respectively. 

The division bench comprising of Justice KK Tated and Justice NR Borker of Bombay High Court granted interim relief to BPCL and while observing “Section 22 which prohibits employees from going on strike when conciliation proceedings are pending, of the Industrial Disputes Act” prevented the trade unions of workmen from going on strike.

 The petition states that “On receipt of strike notices, Petitioner requested to initiate the conciliation. It is stated that in the conciliation proceedings held on 28 August 2020 the conciliation officer advised respective unions not to proceed on strike on 7 September 2020 and 8 September 2020. However, in spite of it, respondents have not withdrawn strike notices.”

The learned Advocate for the Petitioner submitted that “The respondents represent a large section of employees employed in the workmen category in the refinery of the Petitioner and any strike as indicated will adversely affect the operation in the refinery of the Petitioner.”

Learned counsel for Respondents submitted that “the present Writ Petition is not maintainable as there is an alternate remedy to proceed against the employees who resort to illegal strike such as by prosecuting them “under Section… Continue Reading...

Tagged: Bharat Petroleum  
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