Kerala High Court
Soji Jos vs Union Of India on 22 December, 2020
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942
WP(C).No.28673 OF 2020(H)
PETITIONER/S:
1 SOJI JOS
AGED 44 YEARS
S/O. P. P. JOSE, EMPLOYEE NO.83752, OPERATOR -A,
GRADE - 07, BHARAT PETROLEUM CORPORATION LIMITED,
KOCHI REFINERY, AMBALAMUGAL - 682 302, RESIDING AT
PANATTIL HOUSE, MAMALA P. O., THIRUVANKULAM,
ERNAKULAM DISTRICT - 682 305.
2 CLIFORD C. DCRUZ
AGED 40 YEARS
S/O. CLEETUS DCRUZ, OPERATOR -B (MANUFACTURING),
GRADE - 06, BHARAT PETROLEUM CORPORATION LIMITED,
KOCHI REFINERY, AMBALAMUGAL - 682 302, RESIDING AT
KADAVIL HOUSE, PUTHENKURISH P. O., MANANTHADAM,
ERNAKULAM DISTRICT - 682 308.
3 SAJU P. P.
AGED 35 YEARS
S/O. P. S. PARAMESHWARAN, OPERATOR -B
(MANUFACTURING), GRADE - 06, BHARAT PETROLEUM
CORPORATION LIMITED, KOCHI REFINERY, AMBALAMUGAL -
682 302, RESIDING AT PERINGODU HOUSE, PUTHENKURISH P.
O., MANANTHADAM, ERNAKULAM DISTRICT - 682 308.
4 ANURAG A. A.
AGED 43 YEARS
S/O.ASOKAN, SHIFT CHEMIST-A, GRADE-07, BHARAT
PETROLEUM CORPORATION LIMITED, KOCHI REFINERY,
AMBALAMUGAL - 682 302 RESIDING AT SOUSMI, L.M.PAILY
ROAD, VYTTILA P.O., ERNAKULAM DISTRICT.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.N.ANAND
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY
OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAVAN, RAFI
MARG, NEW DELHI - 110 001.
WP(C).No.28673 OF 2020(H) 2
2 BHARAT PETROLEUM CORPORATION LIMITED
BHARAT BHAVAN, 4 AND 6 CURRIMBHOY ROAD, BALLARD
ESTATE, MUMBAI, MAHARASHTRA - 400 001, REPRESENTED
BY ITS CHAIRMAN AND MANAGING DIRECTOR.
3 THE DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL)
KOCHI, OFFICE AT THRIKKAKKARA, EDAPPALLY, KAKKANAD,
ERNAKULAM DISTRICT - 682 021.
4 THE EXECUTIVE DIRECTOR
BHARAT PETROLEUM CORPORATION LIMITED, KOCHI
REFINERY, AMBALAMUGAL - 682 302, ERNAKULAM
DISTRICT.
5 THE CHIEF GENERAL MANAGER (HR)
BHARAT PETROLEUM CORPORATION LIMITED, KOCHI
REFINERY, AMBALAMUGAL - 682 302, ERNAKULAM
DISTRICT.
OTHER PRESENT:
GP:DR.THUSHARA JAMES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28673 OF 2020(H) 3
JUDGMENT
The petitioner has approached this Court aggrieved by Ext.P17 notice. Although various contentions raised in the writ petition in its challenge Ext.P17 notice, I am of the view that at this stage an interference under Article 226 is not required, since it is open to the petitioner to file his objections to Ext.P17 notice and thereafter get the matter adjudicated. Thus, without prejudice to the right of the petitioner to move the authority through a reply to Ext.P17 notice, the writ petition in its challenge against Ext.P17 notice is dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE SJ WP(C).No.28673 OF 2020(H) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTIONS OF PRESENT LONG TERM SETTLEMENT FRAMED BY BHARAT PETROLEUM LTD.
EXHIBIT P1 (a) TRUE COPY OF THE RELEVANT PORTIONS STANDING ORDERS OF BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.HRS.HQ.21.UNION DATED 22.11.2019 ISSUED BY THE BHARAT PETROLEUM CORPORATION LIMITED.
EXHIBIT P3 TRUE COPY OF THE STRIKE NOTICE BEARING NO.CREA/101/11/2019 DATED 11.11.2019 GIVEN BY COCHIN REFINERIES EMPLOYEES ASSOCIATION WITHOUT ANNEXURES.
EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED AS PER FORM L UNDER RULE 71 OF INDUSTRIAL DISPUTES RULES DATED 11.11.2019 WITHOUT ANNEXURE - II, MARKED THEREIN.
EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE NO.KR.HR.ER.3.STK.NOV. DATED 04.12.2019 ISSUED BY BHARAT PETROLEUM CORPORATION LIMITED.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.KR.HR.ER.3.STK.NOV. DATED 23.12.2019 ISSUED BY RESPONDENT NO.5.
EXHIBIT P7 TRUE COPY OF THE SALARY ADVICE OF 2ND PETITIONER FOR THE MONTH OF DECEMBER 2019.
EXHIBIT P7(a) TRUE COPY OF THE SALARY ADVICE OF 3RD PETITIONER FOR THE MONTH OF DECEMBER 2019.
EXHIBIT P7(b) TRUE COPY OF THE SALARY ADVICE OF 4TH PETITIONER FOR THE MONTH OF DECEMBER 2019.
EXHIBIT P8 TRUE COPY OF THE STRIKE NOTICE NO.CREA/104/12/2019 DATED 24.12.2019 ISSUED BY THE GENERAL SECRETARY OF COCHIN REFINERY EMPLOYEES' ASSOCIATION.
EXHIBIT P9 TRUE COPY OF THE SHOW CAUSE NO.KR.HR.ER.3.JAC.JAN. DATED 10.01.2020 WP(C).No.28673 OF 2020(H) 5 ISSUED BY RESPONDENT NO.5.
EXHIBIT P10 TRUE COPY OF THE ORDER NO.KR.HR.ER.3.STK.JAN DATED 25.01.2020 PASSED BY RESPONDENT NO.5.
EXHIBIT P11 TRUE COPY OF THE SALARY SLIP OF 1ST PETITIONER FOR THE MONTH OF JANUARY 2020.
EXHIBIT P11(a) TRUE COPY OF THE SALARY SLIP OF 2ND PETITIONER FOR THE MONTH OF JANUARY 2020.
EXHIBIT P11(b) TRUE COPY OF THE SALARY SLIP OF 3RD PETITIONER FOR THE MONTH OF JANUARY 2020.
EXHIBIT P11(c) TRUE COPY OF THE SALARY SLIP OF 4TH PETITIONER FOR THE MONTH OF JANUARY 2020.
EXHIBIT P12 TRUE COPY OF THE STRIKE NOTICE NO.CREA/105/08/2020 DATED 20.08.2020 ISSUED BY THE GENERAL SECRETARY OF COCHIN REFINERY EMPLOYEES' ASSOCIATION.
EXHIBIT P13 TRUE COPY OF THE SHOW CAUSE NOTICE NO.KR.HR.ER.3.SC STRIKE DATED 09.09.2020 ISSUED BY RESPONDENT NO.5.
EXHIBIT P14 TRUE COPY OF THE ORDER NO.KR.HR.ER.3.STK.SEP DATED 24.09.2020 ISSUED BY THE RESPONDENT NO.5.
EXHIBIT P15 TRUE COPY OF THE SALARY ADVICE OF THE 1ST PETITIONER FOR THE MONTH OF SEPTEMBER 2020.
EXHIBIT P15(a) TRUE COPY OF THE SALARY ADVICE OF THE 2ND PETITIONER FOR THE MONTH OF SEPTEMBER 2020.
EXHIBIT P15(b) TRUE COPY OF THE SALARY ADVICE OF THE 3RD PETITIONER FOR THE MONTH OF SEPTEMBER 2020.
EXHIBIT P15(c) TRUE COPY OF THE SALARY ADVICE OF THE 4TH PETITIONER FOR THE MONTH OF SEPTEMBER 2020.
EXHIBIT P16 TRUE COPY OF THE STRIKE NOTICE NO.CREA/101/11/2020 DATED 10.11.2020 ISSUED BY THE GENERAL SECRETARY OF COCHIN REFINERY EMPLOYEES' ASSOCIATION, WITHOUT ANNEXURE - II MARKED THEREIN.
EXHIBIT P17 TRUE COPY OF THE SHOW CAUSE NOTICE NO.KR.HR.ER.3 SHOWCAUSE DATED 01.12.2020 ISSUED BY 5TH RESPONDENT.
EXHIBIT P17(a) TRUE COPY OF THE NOTICE BEARING FILE WP(C).No.28673 OF 2020(H) 6 NO.08/103/2020/B6 DATED 15.12.2020 ISSUED BY RESPONDENT NO.3.
EXHIBIT P18 TRUE COPY OF THE NOTIFICATION DATED 28.08.2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P19 TRUE COPY OF THE COMMUNICATION DATED 09.09.2020 ISSUED BY BHARAT PETROLEUM CORPORATION LIMITED.