Madhya Pradesh High Court
Balkrsihan Suryawanshi vs Man Trucks India Pvt. Ltd. on 25 September, 2023
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari, Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 25 th OF SEPTEMBER, 2023
MISC. PETITION No. 4066 of 2023
BETWEEN:-
1. SUDHIR BUVADE S/O SHRI MANOHAR LAL
BUVADE 517 DUTT NAGAR, NEAR RAITI MANDI,
RAILWAY CROSSING, RABINDRA NAGAR
(MADHYA PRADESH)
2. KAILASH KUMAR JADHAV S/O SHRI GANGARAM
JADHAV, R/O E-18 PRAJAPAT NAGAR PHOOTI
KOTHI, INDORE (MADHYA PRADESH)
3. BHARAT SINGH JHALA S/O SOUBHAG SINGH
J H A L A R/O 46C SUBHASH NAGAR, INDORE
(MADHYA PRADESH)
4. RADHE SHYAM SOLANKI S/O SHRI SHANKAR LAL
SOLANKI, R/O 33-A SHALIMAR RESIDENCY
BHAAT KEDI MHOW, INDORE (MADHYA
PRADESH)
5. BHUPESH SURYAVANSHI S/O SHRI BALRAM
SURYAVAN SHI HOUSE NO. 15, SAI KRIPA
COLONY, A.B. ROAD, RAU INDORE (MADHYA
PRADESH)
6. NITESH JAIN S/O SHRI HASTIMAL JAIN R/O 254,
NEW BRIJ VIHAR COLONY, RAU, INDORE
(MADHYA PRADESH)
7. DEEPAK VAIDHYA S/O SHRI DILEEP VAIDYA R/O
1466, DWARKA PURI, INDORE (MADHYA
PRADESH)
8. BRAHMA DUTT SHARMA S/O SHRI SATISH
CHANDRA SHARMA R/O 40, SHREE KRISHNA
PARADISE, 101 ATHRAV REGENCY, RAU, INDORE
(MADHYA PRADESH)
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 9/26/2023
2:55:21 PM
2
9. KULDEEP BHATNAGAR S/O SHRI LAKSHMI
NARAYAN BHATNAGAR R/O 42B, SHREE MAA
PADMAVATI COLONY, AB ROAD, RAU, INDORE
(MADHYA PRADESH)
10. DHANUJ KUMAR TIWARI S/O SHREE VALMIKI
PRASAD TIWARI R/O PRAJAPAT NAGAR DWARKA
PURI INDORE (MADHYA PRADESH)
11. PRAMOD VISHVAKARAM W/O SHRI SHESHMANI
R/O Q-8 SUPERCITY, MHOW, INDORE (MADHYA
PRADESH)
12. VIKRAM SINGH KAMLODIYA S/O SHRI GULAB
SINGH KAMLODIYA R/O 48, GAYATRI NAGAR,
KESHAR BAGH ROAD, INDORE (MADHYA
PRADESH)
13. DEVENDRA GOYAL S/O SITARAM GOYAL R/O
POST AJOND TEHSIL SANVER DIST. INDORE
(MADHYA PRADESH)
14. KAMAL PATIDAR S/O SHRI KAILASH PATIDAR
R/O 76, UTKARSH VIHAR COLONY, MHOW
DISTRICT INDORE (MADHYA PRADESH)
15. VINOD PRAJAPAT S/O SHRI GOURI SHANKAR
PR AJ APAT R/O 42, REVA NAGAR BADWAH,
KHARGONE (MADHYA PRADESH)
16. SANTOSH PAL, SHRI KEDARNATH PAL R/O 15A
PRABHAPURI BHOLARAM USTAAD MARG,
BHAWARKUA INDORE (MADHYA PRADESH)
17. PANKAJ RATHORE S/O SHRI RAJMAL RATHORE
R/O P-9 SUPERCITY, MHOW INDORE (MADHYA
PRADESH)
18. RAKESH SAWALE S/O SHRI TUKARAM SAWALE
R/O GRAM CHINGUN TEHSIL MAHESHWAR,
KHARGONE (MADHYA PRADESH)
19. PRAKASH SHARMA S/O BHAGWAT PRASAD
SHARMA R/O GRAM AND POST BHAISANA
RAJGAD (MADHYA PRADESH)
20. VIDHYANAND KUMAR S/O SHRI PRITHVIRAJ
SINGH R/O 136/B CHATRACHAYA COLONY,
PITHAMPUR DIST. DHAR (MADHYA PRADESH)
Signature Not Verified
21. SATISH KUMAR KHAKRE S/O SHRI RAM
Signed by: SREEVIDYA
Signing time: 9/26/2023
2:55:21 PM
3
KRISHNA KHAKRE 38, NX, SHYAM NAGAR,
INDORE (MADHYA PRADESH)
22. VIPIN PURANIA S/O SHRI KAILASH PURANIA, R/O
628 SETELITE COLONY, KAILOD HALA, INDORE
(MADHYA PRADESH)
.....PETITIONERS
(SHRI K.P. MOHAN, COUNSEL FOR THE PETITIONERS).
AND
1. FACTORY MANAGER MAN TRUCKS INDIA PVT.
LTD. PLOT NO. 201-216 PRIDE SILICON PLAZA,
OPPOSITE CHATUSHARANGI MANDIR, SENAPATI
BAPAT ROAD, MUMBAI (MAHARASHTRA)
2. FACTORY MANAGER, FORCE MOTORS LIMITED,
SECTOR NO. 1, PITHAMPUR DIST. DHAR
(MADHYA PRADESH)
.....RESPONDENTS
(MS. SWATI MEHTA, COUNSEL FOR THE CAVEATORS)
MISC. PETITION No. 4142 of 2023
BETWEEN:-
1. MANJESH CHAUHAN S/O SHRI DEVKARAM
CHAUHAN , OCCUPATION: SERVICE 32, BAPU
MURARI COLONY, AERODRUM ROAD, DISTRICT
INDORE (MADHYA PRADESH)
2. SANJAY SAHU S/O SHIVRAJ PRASAD SAHU,
OCCUPATION: SERVICE 27, BRIJ VIHAR COLONY,
RAU, INDORE (MADHYA PRADESH)
3. YOGIRAJ THOKE S/O SITARAM THOKE
OCCUPATION: SERVICE R/O GRAM AND POST
YENKHEDA, TEHSIL MULTAI BETUL DIST. DHAR
(MADHYA PRADESH)
4. TEERATH PRASAD GUPTA S/O RAMKRIPAL
GUPTA OCCUPATION: SERVICE, R/O 1095 TALA
TEHSIL MAJHALI DISTRICT SIDHI (MADHYA
PRADESH)
5. SHARAD PRASAD MISHRA S/O CHOTELAL
MISHRA, R/O 1041, J.K. FILE COLONY VISHYUSH
Signature Not Verified
NAGAR, BANJARI PITHAMPUR DHAR (MADHYA
Signed by: SREEVIDYA
Signing time: 9/26/2023
2:55:21 PM
4
PRADESH)
6. LOKENDRA BHARGAVA S/O KAILASHCHANDRA
BHARGAVA OCCUPATION: SERVICE A-27, EWS
RISHINAGAR UJJAIN (MADHYA PRADESH)
7. VAIBHAV VAISHNAV S/O SB VAISHNAV
OCCUPATION: SERVICE R/O C, VIP PARASPAR
NAGAR SCHEME NO. 97 SLICE 4 INDORE
(MADHYA PRADESH)
8. AJAY PATEL S/O BALIRAM PATEL OCCUPATION:
SERVICE 17, NEW SAI VIHAR COLONY, RAU,
INDORE (MADHYA PRADESH)
9. SANJAY PARMAR S/O GIRDHARILAL PARMAR
OCCUPATION: SERVICE SHANTI NAGAR ASHTA
SEHORE (MADHYA PRADESH)
10. AJAY PATIDAR S/O RADHESHYAM PATIDAR
OCCUPATION: SERVICE R/O 844-A, VISHWAS
NAGAR BANJARI MATAKHEDI MHOW INDORE
(MADHYA PRADESH)
11. DHANRAJ BIND S/O BINDESHWARI PRASAD BIND
R/O OCCUPATION: SERVICE GRAM SHREEPUR
POST DHOBAHA ALLAHBAD (UTTAR PRADESH)
12. MANISH YADAV S/O RADHESHYAM YADAV
OCCUPATION: SERVICE R/O 70, BHAGIRATHI
COLONY DHAR NAKA MHOW INDORE (MADHYA
PRADESH)
13. RAJENDRA RAHANGDALE S/O NARAYAN
OCCUPATION: SERVICE R/O 191-A, SUDAMA
NAGAR, ANNAPURNA SECTOR, INDORE
(MADHYA PRADESH)
14. ABHISHEK GAUR S/O RK GAUR OCCUPATION:
SERVICE R/O NEAR RAM MANDIR ROAD TEELA
JAMALPURA, BHOPAL (MADHYA PRADESH)
15. KANHAIYALAL CHOUBEY S/O ADUJI CHOUBEY
OCCUPATION: SERVICE R/O 74-B, UTKARSH
VIHAR COLONY MHOW INDORE (MADHYA
PRADESH)
16. VIJAY KUSHWAH S/O SHRI BALIRAM KUSHWAH
OCCUPATION: SERVICE R/O 16, SAMRIDDHI
VIHAR COLONY, MHOW INDORE (MADHYA
PRADESH)
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 9/26/2023
2:55:21 PM
5
17. UMESH PAYMODE S/O PRABHAKAR
OCCUPATION: SERVICE 482, NEW GOURI NAGAR
INDORE (MADHYA PRADESH)
18. MAHESH KUMAR BIRLA S/O SITARAM BIRLA
OCCUPATION: SERVICE R/O Q-14, SUPER CITY
SHANTINAGAR, MHOW, INDORE (MADHYA
PRADESH)
19. VINOD KADVE S/O SHALEGRAM KADVE
OCCUPATION: SERVICE R/O I-3, SAHILKHANA
PARK, SARAYA WARD, RAU INDORE (MADHYA
PRADESH)
20. SUNIL PANWAR S/O CHIROJILAL PANWAR
OCCUPATION: SERVICE 33B, SAI KRIPA COLONY,
RAU, INDORE (MADHYA PRADESH)
21. JITENDRA SINGH CHAUHAN S/O UDAY SINGH
CHAUHAN OCCUPATION: SERVICE R/O Q-15,
SUPER CITY, MHOW, INDORE (MADHYA
PRADESH)
22. DEVKARAN CHAUHAN S/O RAM SINGH CHAUHAN
OCCUPATION: SERVICE 46, ROYAL RESIDENCY,
NEEMUCH ROAD, MHOW, INDORE (MADHYA
PRADESH)
23. KARAN SINGH RAJPUT S/O UMAPRASAD RAJPUT
OCCUPATION: SERVICE R/O 307, SOUTH SHANTI
NAGAR MHOW INDORE (MADHYA PRADESH)
.....PETITIONERS
(SHRI K.P.MOHAN, COUNSEL FOR THE PETITIONERS).
AND
1. FACTORY MANAGER, MAN TRUCKS INDIA PVT.
LTD., PLOT NO. 201-216, PRIDE SILICON PLAZA,
OPPOSTIE CHATUSHARANGI MANDIR, SENAPATI
BAPAT ROAD, MUMBAI (MAHARASHTRA)
2. FACTORY MANAGER, FORCE MOTORS LIMITED,
SECTOR NO. 1 PITHAMPUR DIST. DHAR (MADHYA
PRADESH)
.....RESPONDENTS
(MS. SWATI MEHTA, COUNSEL FOR THE CAVEATOR)
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 9/26/2023
2:55:21 PM
6
MISC. PETITION No. 4143 of 2023
BETWEEN:-
1. BALKRSIHAN SURYAWANSHI S/O DHARAMRAJ
SURYAWANSHI 863 B VISHVAS NAGAR, BAZARI
DISTRICT INDORE (MADHYA PRADESH)
2. DINESH VISHAVAKARMA S/O SHRI BABULAL
VISAVAKARAM R/O 300-C ROYAL RESIDENCE,
BHATKHEDI MHOW INDORE (MADHYA
PRADESH)
3. YOGESH PARMAR S/O SHRI SIRDHARILAL
PARMAR R/O KANNOD ROAD SHANTI NAGAR,
ASHTA DIST. INDORE (MADHYA PRADESH)
4. SANDEEP KUMAR RAWAT S/O SHRI K.R. RAWAT
R/O 6 SUPERCITY MHOW GHAW, DIST. INDORE
(MADHYA PRADESH)
5. ISHWAR CHOUDHARY S/O RAMESH CHANDRA
CHOUDHARY R/O 194 GRAM TIHI TEHSIL MHOW
DIST. INDORE (MADHYA PRADESH)
6. RAMESHWAR PATIDAR S/O SHRI SUKHDEV
PATIDAR R/O B-19 B OM SHRI RESIDENCY MHOW
DIST. INDORE (MADHYA PRADESH)
7. DEEPAK MANSORE S/O SHRI KADWASI
MANSORE R/O 198 ROYAL RESIDENCY, GRAM
BHATKHEDI, TEH. MHOW DIST. INDORE
(MADHYA PRADESH)
8. SANJAY JIRATI S/O SHRI KRISHNA JIRATI R/O
GRAM BHATKHEDI, TEHSIL MHOW, DIST.
INDORE (MADHYA PRADESH)
9. AMAR SINGH SURTANIYA S/O SHRI PANNALAL
SURTANIYA R/O 59/A, UTKARSH VIHAR COLONY
MHOW-PITHAMPUR ROAD MHOW, DIST. INDORE
(MADHYA PRADESH)
10. PROBHAT KUMAR MONDAL S/O SHRI
PORESHNATH MONDAL R/O Q/60, SUPERICITY
VILLAGE MHOW DIST. INDORE (MADHYA
PRADESH)
11. DHARMENDRA SATOGIYA S/O SHRI HARIRAM
SATOGIYA R/O 43/7 M.G. ROAD, DHAR NAKA
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 9/26/2023
2:55:21 PM
7
MHOW DIST. INDORE (MADHYA PRADESH)
12. BHOLA RAM BAGWAN S/O SHRI GOPAL BAGWAN
R/O U-13 SUPERCITY MHOW DIST. INDORE
(MADHYA PRADESH)
13. NAVNEET KHASDEV S/O SHRI U.R. KHASDEV R/O
178 UTKARSH VIHAR COLONY MHOW
PITHAMPUR DIST. INDORE (MADHYA PRADESH)
14. MANOJ BIRLA S/O SHRI CHETRAM BIRLA R/O
VILLAGE DOODHGAON POST BIDIYA TEHSIL
BARWAH DIST. KHARGONE (MADHYA PRADESH)
15. SANTOSH KUMAR PANDEY S/O SHRI JAGDISH
PRASAD PANDEY R/O D-105 CHATRA CHAYA
COLONY PITHAMPUR DIST. DHAR (MADHYA
PRADESH)
16. SANDEEP PANCHAL S/O SHRI KAILASH CHANDRA
PANCHAL R/O 10, KRISHNA VIHAR COLONY,
OPPOSITE SULE EMPIRE RAU DIST. INDORE
(MADHYA PRADESH)
17. MAYARAM KAUSHIK S/O SHRI KEDAR KAUSHIK
R/O VILLAGE KAWLASA, POST AJANS TEHSIL
KHATEGAON DIST. DEWAS (MADHYA PRADESH)
18. MAHENDRA KUMAR HIRVE S/O SHRI
JAGGANNATH HIRVE R/O F-29 TARANGAR
COLONY, SIRLEY BARWAH DIST. KHARGONE
(MADHYA PRADESH)
19. PAWAN SISODIYA S/O SHRI KRISHNA SISODIYA
R/O 36, CHANDRA VIHAR COLONY, UMERIYA,
POST RAU, MHOW DIST. INDORE (MADHYA
PRADESH)
20. UMESH KUMAR S/O SHRI LALLAN RAM R/O PLOT
NO. 60, SAMRIDHI VIHAR COLONY, SHANTI
NAGAR VILLAGE MHOW DIST. INDORE (MADHYA
PRADESH)
.....PETITIONERS
(SHRI K.P.MOHAN, COUNSEL FOR THE PETITIONERS).
AND
1. FACTORY MANAGER MAN TRUCKS INDIA PVT.
LTD. PLOT NO. 201-216, PRIDE SILICON PLAZA
OPPOSTIE CHATUSHARANGI MANDIR, SENAPATI
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 9/26/2023
2:55:21 PM
8
BAPAT ROAD, MUMBAI (MAHARASHTRA)
2. FACTORY MANAGER, FORCE MOTORS LIMITED
SECTOR NO. 1, PITHAMPUR DIST. DHAR
(MADHYA PRADESH)
.....RESPONDENTS
These petitions are coming on for admission this day, Justice Sushrut
Arvind Dharmadhikari passed the following:
ORDER
Regard being had to the similar controversy involved in above cases, they are being heard analogously together with the consent of the parties and decided by this common order.
2 . For the sake of convenience, the facts narrated in M.P.No. 4066 of 2023 are being taken into consideration.
3. In this petition under Article 227 of the Constitution of India, the petitioners have challenged the order dated 29.03.2023 passed in Case No. 07/ID/2019 by the Industrial Court, Indore by which the claim of the petitioners seeking benefit of Voluntary Separation Scheme (VSS) w.e.f. 2018 has been rejected.
4. The brief facts of the case are that the respondents No.1 and 2 are the companies registered under the Companies Act and are engaged in the business of manufacturing and assembling automobiles including trucks having their factories at the addresses as mentioned in the cause title.
5. Initially, the petitioners were the employees of respondent No.1 and have been working on their respective posts from the date of their appointment at the Pithampur factory. Subsequently, the factory and operation of respondent No.1 was taken over by respondent No.2 in the year 2018. The Signature Not Verified Signed by: SREEVIDYA Signing time: 9/26/2023 2:55:21 PM 9 undertakings were submitted by the petitioners on 23.08.2018 with regard to their transfer in the respondent No.2 factory.
6. The Clause 1.0 Coverage of the Voluntary Separation Scheme dated 06.08.2018 provides as under:
"The Voluntary Separation Scheme shall cover all Employees of Man Trucks India Pvt. Ltd. who are on the rolls of the Company, except employees in Pithampur Plant, R&D and After Sale Functions. For employees in R&D and After Sale functions, the scheme will be extended by invitation only."
7. As per Clause 1.1 Eligibility of the scheme -
"Employees who are on the rolls of the Company as on 06.08.2018, employees who have submitted their resignation before 06.08.2018 or are serving notice period (whether on account of their resignation or termination by the Company, for any reason whatsoever) will not be eligible for the Scheme."
8. The grievance of the petitioners is that the employees of the Pithampur Plant have been discriminated from the employees of the Pune Plant who have received the benefit of Voluntary Separation Scheme. Being aggrieved by the impugned action of the respondent No.1, the petitioners raised dispute before the Labour Commissioner under the Indistrial Disputes Act, 1947 (hereinafter referred to as the Act of 1947) and on failure of settlement between the parties, the same was referred to the Learned Industrial Court after framing questions of reference. The case was registered as IDR/08/2019. The petitioners submitted their statement of claim stating that the petitioners were forced to sign letter dated 23.08.2018 and the benefits of VSS dated 06.08.2018 was not extended to the petitioners arbitrarily. Whereas, the employees of the factory unit situated at Pune were granted arrears of three months salary for each year of service rendered by them. As a result, the petitioners have been discriminated in the matter of implementation of Voluntary Separation Scheme.
Signature Not Verified Signed by: SREEVIDYA Signing time: 9/26/2023 2:55:21 PM 10The respondent No.1 has illegaly obtained consent, therefore, the transfer of ownership to respondent No.2 itself is void ab initio. It was further contended that the respondent No.2 has violated Section 25 FF of the Act of 1947 and after continuing service with respondent No.2, designation of all employees have been changed to 'Officer' without extending benefits of salary for such post, which tantamounts to Unfair Labour Practice under the Act of 1947.
9. The respondents have filed their respective replies to the statement of claim before the Industrial Court contesting that the facts mentioned therein on the grounds that the petitioners have voluntarily submitted the letter dated 23.08.2018. The VSS is only applicable to the Pune Unit since the employees at Pune Unit were engaged in research and development and respondent No.2 has already established R&D department, therefore, they do not require engagement of Pune Unit Employees.
10. After hearing both the parties, the learned Industrial Court passed the impugned order dated 29.03.2023 by which the claim of the petitioners have been rejected on the ground that the petitioners have failed to substantiate the case of forceful acceptance of transfer of service to respondent No.2. The petitioners have submitted documents which were signed by them in English, therefore, they are well versed in English and it cannot be said that acceptance letter in English was not known to the petitioners.
11. Ms. Swati Mehta, learned counsel on Caveat, contended that the orders passed by the learned Industrial Court does not call for any interference in as much as the scheme of VSS has been made applicable to the employees of the factory at Pune Unit only and not Pithampur unit. Secondly, the learned counsel for the petitioners have not been able to point out that any of the employees of the Pithampur Unit has been granted the benefit of VSS. The five Signature Not Verified Signed by: SREEVIDYA Signing time: 9/26/2023 2:55:21 PM 11 persons who have been granted the beneft of VSS were earlier transferred from the Pithampur unit to Pune Unit. Subsequent to transfer, they became employees of the Pune Unit, therefore, the benefit of the scheme was extended to them. It is not at all a case of discrimination. The petitioners have not even challenged the scheme on any of the ground, therefore, they are not entitled for any relief.
12. Heard learned counsel for the parties.
13. On perusal of the order impugned, it is seen that the learned Tribunal has considered each and every ground raised by the petitioners including grant of benefit of VSS to the employees of the Pune Unit. As such, no error apparent on the face of the record is seen so as to interfere with the order impugned.
14. Accordingly, the petitions being bereft of merit and substance are hereby dismissed at the admission stage itself.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
vidya
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 9/26/2023
2:55:21 PM