Bombay High Court restrains BPCL unions from strike

Bombay High Court restrains BPCL unions from strike

The strike has been called in protest of the series of new rules pertaining to labourers and industrial disputes, introduced by the BJP-led union government.

Narsi BenwalUpdated: Wednesday, January 08, 2020, 07:04 AM IST
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Bombay High Court |

Mumbai: The Bombay High Court on Tuesday restrained the eight Mumbai refinery unions from resorting to strike as called by trade unions across India on Wednesday. However, the refinery unions seem to be adamant on their stand to stage ‘silent protests.’

The strike has been called in protest of the series of new rules pertaining to labourers and industrial disputes, introduced by the BJP-led union government. The strike would also protest the government’s decision to privatise the Bharat Petroleum Corporation Ltd (BPCL).

The bench of Justices Ranjit More and Surendra Tavade was dealing with a plea filed by BPCL seeking a stay on the strike proposed by the eight unions of the refinery on Wednesday. The stay was sought on the grounds that the dispute is seized in conciliation and law does not allow a strike.

The BPCL further cited an order passed by the government in January 2019, under the Essential Services Maintenance Act, by which strike by public servants was banned and held illegal.

Opposing the plea, advocate Rahul Kamrekar, appearing for all the eight unions, said, “There is no industrial dispute whatsoever, as the strike is to protest government decisions and an industrial dispute would only exist if there was a dispute with the management.”

“Thus, the conciliation itself is wrong as conciliations can only take place for industrial disputes.

Also, there cannot be any stay on a strike, as it would amount to workmen being forced to work, a strike may be illegal and the workers will face the punishment for the same (cut wages, suspension, termination, whatever it may be),” Kamrekar argued.

Having heard the contentions, the bench led by Justice More passed four-page order restraining the unions from resorting to strike. The bench has also said that the strike if called on, would be illegal.

Meanwhile, the BPCL move another plea before a city civil court in the city seeking an injunction against the worker’s unions. It sought a direction to the unions not to hold any protest within 500 metres distance from the factory premises and not to resort to any kind of violence.

“However, the city civil court has rejected the application of the management. But we have undertaken not to stop the entry or exit of any person or vehicle from the refinery and that we will not commit any acts of violence or raise any abusive slogans.” Kamrekar informed.

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