Madras high court restrains petroleum employees’ strike

Chennai: The Madras high court has restrained the Petroleum Employees Union and Petroleum Workers Union from resorting to an illegal strike from 6 a.m on November 28, 2019 to 6 a.m. on November 29,2019 in protest against the decision of the Union government to consider disinvestment of its shareholding in Bharat Petroleum Corporation Limited.

Justice S.M.Subramaniam granted the interim injunction on a petition filed by Bharat Petroleum Corporation Limited represented by its General Manager (HRS) M.V.Shenoy.

The judge also directed the Director General of Police to provide adequate police protection to the premises of BPCL situated at various locations across Tamil Nadu on November 28 and 29, 2019.

According to petitioner, the Government of India holds 53.29 percent of the shares in the petitioner corporation. The petitioner being, a declared “Public Utility Service” Industry and as a “Controlled Industry” under the Industrial (Development and Regulation) Act, it was the responsibility of the corporation to maintain uninterrupted supply of petroleum products across the country. Any disruption of supply of essential petroleum products will cause great hardship and inconvenience to the public and the economy. It will also affect essential sectors, he added.

He said the Government of India has announced its decision to consider disinvestment of its shareholding in the petitioner corporation along with transfer of management control to a strategic buyer. Department of Investment and Public Asset Management has also advertised seeking proposals from reputed entities to act as Transaction Advisor, Legal Advisor, and Asset Valuer to assist  and advise the government in the process. These developments appear to be based on macro-economic plans of the Government of India who was the majority stake holder in the corporation, he added.

He said the petitioner has informed the trade unions that their concerns have been duly noted and would be addressed at the appropriate time. At present there was no cause for the trade unions to be concerned as none of the terms and conditions of the employment of the employees were affected in any manner whatsoever. Despite the same, the trade unions on November 11, 2019 issued strike notices to the petitioner stating that they propose to go on strike from 6 a.m. on November 28 to 6 a.m. on November 29. The strike was proposed in protest against the policy of the Government of India to privatise the petitioner
corporation. On receiving the notices, the Deputy Chief Labour Commissioner (Central) called upon the petitioner corporation and the two trade unions for Conciliation to be held on November 20, 2019.

The Conciliation meeting was held on November 20 and the Deputy Chief Labour Commissioner advised the trade unions not to go on strike as the Conciliation proceedings have commenced and the issue can be sorted out amicably. However, the trade unions were not agreeable to the advice. The strike proposed by the trade unions during the pendency of conciliation proceedings in contravention of the statutory procedure prescribed under section 22 of the Industrial Disputes Act was unreasonable, illegal and unjustifiable, he added.