Calcutta High Court (Appellete Side)
Indian Oil Thika Shramik Union vs Indian Oil Corporation Ltd. & Ors on 10 December, 2019
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1
52 10.12.2019 AST 53 of 2019
AN Ct. No. 14
Indian Oil Thika Shramik Union
-vs.-
Indian Oil Corporation Ltd. & Ors.
Ms. Nandini Mitra
Mrs. Shreyashi Chatterjee
... for the petitioner
Mr. Victor Chatterjee
Mr. Rangit Talukdar
... for respondent No. 1
The petitioners are Non Ex-Servicemen who worked as Security Guards with the Indian Oil Corporation Ltd. They claim to be aggrieved by the alteration of their service conditions reducing the retirement age from 65 to 60.
It is submitted by the learned counsel appearing on behalf of the petitioner that the petitioners have already invoking conciliatory procedure under the Industrial Disputes Act, 1947 and certain orders have been passed inter alia on 29.08.2019.
However, the instant writ application has been filed seeking interim protection during the pendency of such proceedings. By reason of the instant writ application, the Conciliation Officer is stated to have closed the proceedings that were pending before him.
This court is of the view that since the petitioner has already invoked appropriate procedure and remedies before the Authorities under the Act of 1947, the instant writ application would be hit by the doctrine of alternative remedy.
Hence, the instant writ petition is disposed of without any order except directing revival and disposal of the conciliation 2 proceedings that have since been closed by the Conciliation Officer on 22.11.2019.
The Conciliation Officer is directed to expeditiously dispose of the conciliation proceedings pending before him in accordance with law preferably within a period of three months from the date of communication of the copy of this order.
There will be no order as to costs.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Rajasekhar Mantha, J.)