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2000 Supreme(Bom) 790

R.J.KOCHAR
Bharat Petroleum Corporation Ltd. – Appellant
Versus
Workmen Employed in the Refinery Division of Bharat Petroleum Corporation Ltd. & another – Respondent


Judgment

R.J. KOCHAR, J.:---Grant of 50% relief and denial of 50% relief cannot always be considered as justice according to law. The award of the Central Industrial Tribunal has exactly done so by granting 50% wages to the employees and denying them 50% of the wages. Both the parties have filed the above writ petitions to challenge the same. Hereinafter, both the parties would be referred to as "the employer Corporation" and "the employees union".

2. The facts in nutshell can be stated as follows :---

On 29th January, 1976, the Government of India nationalised two erstwhile Burma Shell companies whereby all the assets, liabilities and business of the said companies came to be vested in a Government Company. The employees became public sector employees and therefore, they demanded the reliefs of permanency to all the workmen recruited after nationalisation and that the employees recruited after nationalisation insisted to get the benefits of the settlement, entered into in 1973-74 by the erstwhile companies with its workmen. In the year 1978-79, the employees filed two complaints of unfair labour practices against the employer Corporation under the M.R.T.U. P.U.L.P. Act, 1971, mai














































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