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2007 Supreme(Mad) 1298

K.CHANDRU
Bharath Petroleum Corporation Ltd. Chennai – Appellant
Versus
Petroleum Employees Union Rep. by its General Secretary Chennai & Others – Respondent


For the Petitioner:G. Masilamani, SC. For the Respondents:M/s King and Partridge, Advocates.

Judgment :-

The writ petitioner Bharat Petroleum Corporation Limited is wholly owned by the Central Government and they have filed the present writ petition seeking for a declaration declaring that the strike notice dated 30.3.2007 issued by the respondents 1 to 3 is illegal and violative of Section 23 of the Industrial Disputes Act, 1947 [for short, I.D. Act]. This was in view of the fact that the proceedings are pending before the Central Government Industrial Tribunal – cum – Labour Court No.2 Mumbai, for adjudication of issues relating to the quantum of Performance Linked Incentive Scheme [hereinafter referred to as PLIS] between the management and the workmen and to what relief the workmen are entitled.

2. I have heard the arguments of Mr.G.Masilamani, learned Senior Counsel appearing for M/s King & Partridge for the petitioner and have perused the records.

3. Learned Senior Counsel appearing for petitioner submits that the present strike notice dated 30.3.2007 issued by the respondents 1 to 3. Respondents 1 to 3 are admittedly Trade Unions registered under the Trade Union Act, 1926. Under the strike notice dated 30.3.2007, the Unions have given the following reasons in their














































































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