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2017 Supreme(Ker) 69

A.MUHAMED MUSTAQUE
BRAHMOS AEROSPACE, THIRUVANANTHAPURAM LIMITED – Appellant
Versus
GENERAL SECRETARY, BRAHMOS STAFF ASSOCIATION – Respondent


Advocates Appeared:
For the Petitioner: ADVS. SRI. M. GOPIKRISHNAN NAMBIAR, SRI. P. GOPINATH, SRI. P. BENNY THOMAS, SRI. K. JOHN MATHAI
For the Respondent: ADVS. SRI. RENJITH THAMPAN (SR.), SMT. P.R. REENA, ADV., SRI. N. NAGARESH, ASSISTANT SOLICITOR GENERAL GOVERNMENT PLEADER

JUDGMENT :

The petitioner is a public limited company and an Indo-Russian joint venture with 50.50% shares held by Defence Research and Development Organization (DRDO) under the Union Ministry and 49.50% shares held by NPO Mashinostroyenia (NPOM) counter part of DRDO under the Russian Government. In this writ petition, the petitioner questions an award passed by the Industrial Tribunal, Kollam, in an industrial dispute referred by the Government of Kerala. The dispute referred is as follows:

"(i) ‘Whether the amendment to the promotion policy of Brahmose Aerospace Thiruvananthapuram Limited by the Management and the consequent denial of promotions to the workmen is justifiable or not'?

(ii) If not what relief the workmen are entitled to?"

2. The Industrial Tribunal answered the reference holding that the promotion policy of the management and the consequential denial of promotion to the workmen involved, are unjustifiable. Assailing this award, the petitioner has approached this Court.

3. Heard Shri J.P. Cama, learned Senior Counsel appearing for the petitioner and Shri Ranjith Thampan, learned Senior Counsel appearing for respondents 1 & 2.

4. The elaborate arguments raised on the side



































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