Madhya Pradesh High Court
Station Workshop Eme Kamgar Sangh ... vs Union Of India on 29 November, 2019
Equivalent citations: AIRONLINE 2019 MP 1594
Author: Anjuli Palo
Bench: Anjuli Palo
1
HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT
AT JABALPUR
Writ Petition No.10571/2019
Station Workshop E.M.E. Kamgar Sangh,
Jabalpur and Another...................................... Petitioners
Versus
Union of India and Others................................Respondents
===========
For the petitioners: Mr. K.C. Ghildiyal and
Mr. Aditya Veer Singh, Advocates
For the respondents 1, 3,4 & 5: Ms. Kanak Gaharwar, Advocate
For the respondent No.2: Mr. Devesh Bhojne, Advocate
=============
PRESENT: Hon'ble Smt. Justice Anjuli Palo
------------------------------------------------------------------------
ORDER
(29.11.2019) In this writ petition under Article 226 of the Constitution of India, the petitioners have challenged the decision of the respondent No.1 to close down the Station Workshop EME Jabalpur amongst other workshops with effect from 31.03.2019. The petitioners have also assailed the notice dated 02.01.2019 issued by the respondent No.5 alleging that it is contrary to the provision of Section 25FFA of the Industrial Disputes Act, 1947.
2. The brief facts of the case, in a nutshell, are that the petitioner No.1 is a trade union registered under the 2 provisions of the Trade Unions Act, 1926 in the name and style of Station Workshop E.M.E. Kamgar Sangh, Jabalpur which is affiliated to Bhartiya Mazdoor Sangh Avam Bhartiya Pratiraksha Mazdoor Sangh. The union has 51 members. On 20.02.2019, the Executive Body of the Union in its meeting has resolved to challenge the decision taken by the respondents to close down the Station Workshop which was established in the year 1940 and is rendering its services to Armed Forces. It is urged that the station workshop has been engaged in maintenance, repairs and modernization of the armaments and equipments, vehicles, apparatus of communication and other equipments being used in war as well as other equipments being used by the Army Medical Corps as life saver equipments/procedure. The Station Workshop EME, Jabalpur is providing services to these major defence units situated at Jabalpur. It is further alleged by the petitioners that Station Workshop EME Jabalpur is an establishment under the Department of Ministry of Defence, Government of India. The EME comprises 50% civilian category who are governed by Central Civil Services (Classification, Control and Appeal) Rules, 1965.
3. The petitioners submitted that the Commanding Officer issued an order on 02.01.2019 stating that, in pursuance of the directions issued by the Higher Headquarters, it has been decided to close down Station 3 Workshop EME, Jabalpur with effect from 31.03.2019 for the reasons stated under the heading "Statement of Reasons". It is further stated that the department proposes to redeploy the members of the petitioner union appropriately based on instructions/ directions from Higher Headquarters/ Authority. The petitioner union, submitted their representation against the said decision as the whole action is contrary to the principles of natural justice. They claimed that the order dated 05.10.2017 issued by the respondent No.2 and the notice dated 02.01.2019 issued by the respondent No.5 are absolutely illegal, arbitrary and legally unsustainable. Their contention is that respondent No.5 has no authority to issue such notice. As per the provisions of Section 25FFA of the Industrial Disputes Act, 1947 a clear 60 days notice is required to be given. On closure of the workshop, the members of the petitioner union will be put to immense hardship.
4. Relying on the documents contained in Annexures P-1 to P-12, the petitioners have prayed for the following reliefs:
"(i) A writ order or direction in the nature of certiorari thereby quashing the impugned order dated 05.10.2017 issued by respondent No.2 (copy not supplied to the petitioners) and notice dated 02.01.2019 (P/8) issued by the respondent No.5. 4
(ii) A writ order or direction in the nature of Mandamus thereby directing the respondents to refrain from disbanding Station Workshop, Jabalpur pursuant to the notice.
(iii) Any other appropriate writ, order or direction which the Hon'ble Court may deem just and proper in the nature and circumstances of the case."
5. In their joint reply, the respondents submitted that as per letter dated 15.10.2017 issued by the Integrated Headquarters of Ministry of Defence (Army) Directive General of Staff Duties (SD-8) disbandment of the Station Workshop EME Jabalpur has been ordered in Phase-II along with fifteen other station workshops by 31 s t March, 2019. The said notice clearly states that "The department/unit does not propose to terminate the services of workmen on account of closure and proposes to redeploy them appropriately based on instructions/directions from Higher Headquarters." It is also contended that proposal for re-deployment of civilians employees of the Unit was asked by Integrated Headquarters of Ministry of Defence (Army), Directive General of EME (Civilian). The proposal for redeployment of all civilian staff as per their willingness/choices, was also forwarded vide letter dated 14.12.2018. As per the directions contained in the letter dated 27.11.2018, notice of closure has been issued on 5 02.01.2019. Accordingly, all the technical activities of the unit were ceased with effect from 01.01.2019 so as to enable the unit to complete all formalities with respect to disbandment of the unit by 31 s t March, 2019. However the date of disbandment was postponed to 31 s t May, 2019 by the Directorate General of Staff Duties (SD-8) Integrated Headquarters of Ministry of Defence (Army) vide letter dated 25.04.2019. Thus, notice of closure was issued by the respondent No.5- Commanding Officer, Station Workshop, EME, Jabalpur in compliance of the Integrated Headquarters of Ministry of Defence (Army), New Delhi vide letter dated 15.11.2018.
6. According to the respondents, the proposed closure is a decision of Ministry of Defence, Government of India based on the recommendation of the expert committee. The notice of closure has been issued on 02.01.2019 (88 days before) against the disbandment scheduled date of 31.03.2019, further extended to 31 s t May, 2019 hence, well before 60 days of intended date of closure and hence, provision of Section 25 FFA of the Industrial Disputes Act has been complied with.
7. The respondents further claimed that, the decision of optimisation does not violate any legal provision of terms and conditions of services of the petitioner union nor it is violative of any Rules/Law or policy. It is purely administrative decision. No Rules laid down by Central 6 Civil Services (Classification, Control and Appeal) Rules, 1965 are being violated by optimisation. As per relevant clause of "Terms and Conditions of Services of Civilian Personnel" which the petitioners have signed voluntarily prior to taking up their current profession and as per the "appointment letter" they are liable to serve anywhere in India. It is urged that the entire exercise is undertaken with due diligence keeping in view the interests of the Armed Forces and the nation. Hence, the instant petition deserves to be dismissed.
8. I have heard learned counsel for the parties at length. They have also filed their written submissions.
9. Learned counsel for the petitioners specifically urged that even no single order was issued from the Central Government for closure of these stations. No sixty days' notice as has been prescribed under Rule 25FFA of the Industrial Disputes Act, 1947 has been issued by the Authority. On the other hand, Ms. Kanak Gaharwar, learned counsel for the respondents combating the aforesaid submissions canvassed that under the Administrative decision of the Armed Forces, these Stations are to be optimised. She further submitted that the members of the petitioner union deliberately not stated in their petition about their willingness/choice for deployment as they signed earlier their willingness would operate as estoppel. The petitioners are receiving salary without any work since 7 long. With the permission of Central Government, they are attached with 506 Army Base Workshop till the final decision of the writ petition. Restructuring of the workshop is not to be treated as closure.
10. Learned counsel for the petitioners has drawn the attention of this Court to Annexure P-5 and strongly contended that there is no recommendation for disbandment/closure of Station Workshops including the station workshop at Jabalpur. This is a report of Shekatkar Committee (Committee of Experts) constituted by the Ministry of Defence. The said Committee only recommended restructuring of repair echelons in the Army to include Base Workshops, Advance Base Workshops and Static/Station Workshops in the field Army and no employee will be terminated.
11. While answering the question about winding up of the Workshops by Annexure A/6, Dr. Subhash Bhamre, Minister of State in the Ministry of Defence gave the statement that Ordnance Factories have not been directed to wind up or put to alternative use of the production facilities. It is pertinent to note that Commanding Officer Station Workshop, EME Jabalpur as authorised signatory vide letter dated 02.01.2019 (Annexure P-8) informed the Secretary to the Government of India, Ministry of Labour and Employment, New Delhi that "under Section 25-FFA of the 8 Industrial Disputes Act, 1947, I/We hereby inform you that I/We have decided to close down Station Workshop EME Jabalpur (MP) (name of the undertaking) with effect from 31 Mar 2019 for the reasons explained under the Head "Statement of Reasons "". The Department/Unit does not propose to terminate the services of workmen on account of the closure and proposes to redeploy them appropriately based on instructions/directions from Higher Headquarters/ Authority. In the said letter under the head "Statement of Reasons", it is mentioned that, the proposed closure is a decision of the Ministry of Defence, Govt. of India on the recommendation of the Committee of Expert.
12. This letter clearly indicates that the EME workshop will be closed/disbanded however, civilian employees will be deployed in another places. Since long they are working here. They may be adjusted here only in appropriate institutions i.e. SRI etc. because they are lower rank employees. Further that we cannot ignore the fact that Jabalpur has great importance about the defence functionaries. There are so many defence establishment. Shekatkar Committee recommended the restructuring of the Workshops. The skill of the present civilians can easily be used under the process of restructuring of the Workshops for more efficiency in work.
9
13. Communication contained in Annexure R-2 further clarifies and it is reiterated that all directions given by the Ministry of Defence in letter dated 25.01.2019 are being strictly implemented. It is categorically stated by the respondents that none of the manpower (either civil or combatant) is being retrenched/asked to quit. No civilians are being transferred/ redeployed to alternate units unless they give their consent in writing. SUS no of units where civilians are posted is not being subsumed and they will continue to get their pay and allowances as hither-to-fore. Adjustment proposal annexed with the reply as Annexure R-6 also shows that the workmen have given their willingness. No employee showed his unwillingness. It is stated that out of 59 employees, 44 employees are inclined for 506 Army Base Workshop EME Jabalpur
14. Keeping in view the above, if the impugned notice contained in Annexure P-8 is read in juxtaposition with the documents filed by the respondents themselves i.e. Annexures R-1 to R-6, it is elucidated that in the notice dated 02.01.2019 itself, the respondents have categorically stated that the Department/Unit does not propose to terminate the services of the workmen on account of the closure and proposes to redeploy them appropriately based on the instructions/directions from the Higher Headquarters/ Authority. Similarly, the 10 document contained in Annexure R-2 also in unambiguous terms states that no civilians are being transferred / redeployed to alternate units, unless they give their consent in writing .
16. Hence, in view of the preceding analysis, without quashing the impugned order and notice, at this stage, this petition is disposed of with the direction to the respondents to redeploy the members of the petitioner union to the 506 Army Base Workshop EME Jabalpur or in any other suitable departments keeping in view their willingness, within a period of three months. The aforesaid direction is issued to the respondents keeping in view their own statements in the documents which have been referred to hereinabove.
(SMT. ANJULI PALO) JUDGE ks Digitally signed by KOUSHLENDRA SHARAN SHUKLA Date: 2019.12.03 04:17:24 -08'00'