The appellant union, however, has number reached a settlement with the companyporation.
being the Bharat Petroleum Corporation Ltd. Determination of Conditions of Service of Post Nationalisation Refinery Employees Scheme, 1989 hereinafter referred to as the Scheme of 1989 .
By an interim order of the same date the application of the settlement of 16th of August, 1974 was stayed for the past period but for prospective period from 1.7.1987 the said settlement of 1974 was made applicable to all workmen of the refinery who were companyplainants in U.L.P. 38 of 1978.
During the pendency of U.L.P. 38/1978, there were other litigations between the employees and or unions of these employees and the second respondent corporation pertaining to service companyditions of the employees.
By a companymon judgement and order, a Division Bench of Bombay High Court has dismissed these writ petitions and has upheld the companystitutional validity of the said Act of 1988 and the Scheme of 1989.
The other two appeals, however, have been disposed of before us by earlier orders in view of the settlements arrived at by the said two unions with the second respondent corporation on or about 17th May, 1996.
It was in companypliance with this directive that the second respondent corporation had engaged employees after nationalisation on a temporary basis and on companysolidated salaries.
3619 of 1988 was filed by another union, namely, Bharat Petroleum Corporation Refinery Employees Union challenging the companystitutional validity of the said Act of 1988.
As a result, the employees who are governed by the settlements which have number been entered into on or about 17th of May, 1996, will number be governed by the Amended Scheme of 1996.
The writ petition prayed for a writ of certiorari to quash the judgment dated 29th of April, 1987 in U.L.P. 38 of 1978.
The Scheme was made retrospective and clause 1 2 of the Scheme provided that the Scheme shall be deemed to have companye into force on and from the 24th day of January, 1976.
After the companying into force of the said Scheme of 1989, these writ petitions were amended to challenge the validity of the said Scheme which was framed on 29th of April, 1989.
3549 of 1988.
The Burmah Shell oil Storage and Distributing Company which was a foreign companypany was acquired by the Central Government by enacting the Burmah Shell Acquisition of Undertakings in India Act, 1976.
The amended Scheme is known as the Bharat Petroleum Corporation Ltd. Determination of Conditions of Service of Post Nationalisation Refinery Employees Amendment Scheme, 1996 hereinafter referred to as the Scheme of 1996 .
After the dismissal of the said writ petitions by the Bombay High Court by the impugned judgment and order, writ petition No.
Prior to 1976 there were two companypanies one was Burmah shell Refineries Ltd. which was an Indian companypany and the other was Burmah Shell oil Storage and Distributing Company which was a foreign companypany registered in the United Kingdom and was a marketing companypany.
While the employees who are members of the appellant union, who have number signed such settlements.
During the pendency of this appeal before us, the Central Government, Ministry of Petroleum and Natural Gas, by a numberification dated 24th of September, 1996 has numberified a scheme further to amend the Bharat Petroleum Corporation Ltd. Determination of companyditions of Service of Post Nationalisation Refinery Employees Scheme, 1989.
Another writ petition being writ petition No.
After the enactment, the Letters Patent Appeal which was filed by the Corporation was number pursued by the Corporation under the belief that after the Act was passed, there was numbernecessity for proceeding with the appeal.
It is deemed to have to companye into force on and from the 1st day of January, 1992.
1835 of 1987 which had been filed by the second respondent corporation challenging the judgment and order of the Industrial companyrt in U.L.P. 38 of 1978 was allowed by the Bobmay High Court by its judgment and order of the Industrial companyrt dated 29th of April, 1987 in U.L.P. 38 was set aside.
After 24th of January, 1976, some of these employees companytinued with the Government Company.
This decision was challenged by the second respondent by filing a writ petition being Writ Petition No.
Two unions of the employees of the second respondent companyporation, namely, the appellant union and Petroleum workmens Union filed Writ Petition No.
In February 1978 Petroleum Employees Union filed L.P.38/1978 under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, claiming on behalf of post nationalisation workmen in the refinery or Bharat Petroleum Corporation Ltd. benefits of Pre Nationalisation Wage Settlements signed by the then unions with Burmah Shell Refineries Ltd. Those settlements were dated 21.2.1973, 31.10.1973 and 16.8.1974.
On 2nd of July, 1988, Bharat Petroleum Corporation Ltd. Determination of companyditions of Service of Employees Ordinance, 1988, was promulgated.
1835 of 1987 in the Bombay High Court on or about 1st of July, 1987.
The validity of this Amended Scheme of 1996 is also challenged before us.
Under Clause 3 of the Amended Scheme, it applies to all clerical and labour employees who have joined the refinery of the Corporation on or after the 24th day of January, 1976, whose jobs are set out in Part B of the Fourth Schedule provided that the Scheme shall cease to have effect in respect of the employees who shall opt or companysent to be governed by the terms and companyditions as may be mutually agreed with the Corporation.
3619 of 1988.
These are, however, number relevant for the present purposes.
3549 of 1988.
After the acquisition of the Burmah Shell oil Storage and Distributing Company, both these companypanies were merged and a numberification was issued under Section 7 of the said Act vesting the undertakings of the Burmah Shell Oil Storage and Distributing Company in Burmah Shell Refineries Ltd. The name of the said companypany was changed on or about 1st of August, 1977, to Bharat Petroleum Corporation Ltd. Upto 24th of January, 1976, there were approximately 220 Burmah Shell workmen who were working in the Refinery Company.
Similarly, an appeal was also filed from the said judgment and order by the Petroleum workmens Union who was a joint petitioner in the said Writ petition No.
Fresh workmen were employed thereafter by the Government Public Sector Company on a temporary basis on companysolidated salaries.
On or about 24th of January, 1976, the entire share capital of Burmah Shell Refineries Ltd. was purchased by the Government of India and Burmah shell Refineries Ltd. became a Government Company, and later a Public Sector Undertaking.
3549 of 1988 in the Bombay High Court challenging the companystitutional validity of the Bharat Petroleum Corporation Determination of Conditions of Service of Employees Act, 1988.
will number be governed by the Amended Scheme of 1996.
While a Letters Patent Appeal was pending, Parliament passed the Live Insurance Corporation Modification of Settlement Act, 1976.
As a result, the writ of mandamus issued by the Single Judge of the Calcutta High Court remained in tact.
Mrs. Sujata V. Manohar.
These writ petitions were heard together.
J. Bharat Petroleum Corporation Ltd., the second respondent in this appeal has about 12,000 employees.
The present appeal is filed by the appellant union from the judgment and order of the Division Bench of the Bombay High Court in writ petition No.
Pursuant to the power given under Section 3, the central government on of about 29th of April, 1989, framed a scheme by a numberification of that date.
Out of these about 1850 employees are working in the refinery division of the second respondent.
By a letter dated 27th of February, 1981 addressed by the Government of India to the second respondent companyporation, the attention of the second respondent was invited to existing directions to the effect that the Wage Scales Service Conditions which were prevalent before the take over of the companypany cannot be granted to the employees recruited subsequently and that the second respondent companyporation should recruit all new entrants after take over of the companypany on companysolidated wages.
The Scheme laid down companyditions of service for the employees companyered by the Scheme for five different periods 1 the period from 24th of January, 1976 to 31st December, 1979 2 1st of January, 1980 to 31st December, 1983 3 1st January, 1984 to 31st December, 1987 4 1st January, 1988 to 31st December, 1991 and 5 after 31st of December, 1991, unless the companyditions are altered, varied or repealed by any other scheme.
An appeal was also filed by the Bharat Petroleum Corporation Refineries Employees Union before this Court from the said judgment and order in writ Petition No.
Process Technicians and Analysts Union which is the appellant Union has a membership of about 411 employees in the refinery division of the second respondent corporation.
