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1959 Supreme(Mad) 24

BALAKRISHNA AYYAR
Employees of Caltex by Petroleum Workers’ Union – Appellant
Versus
Commissioner of Labour and Conciliation Officer – Respondent


Advocates:
S. Mohan Kumaramangalam, K. V. Sankaran and S. Ramaswami, for the Petitioner in both the petitions.
The Additional Government Pleader (K. Veeraswami) on behalf of the 1st Respondent in both the petitions.
A. B. Pai, for Messrs. King & Partridge, S. Govind Swaminathan and S.S. Sivaprakasa, for 2nd Respondent.

Order.-

Burmah-Shell, Caltex and Standard Vacuum are important distributors of mineral oil and mineral oil products in India. Prior to April, 1959, the employees of these concerns-or rather, the bulk of them- belonged to one or other of four Unions, viz., the Burmah-Shell Oil Company’s Union, the Caltex Oil Company’s Union,the Standard-Vacuum Oil Company’s Union and the Madras Kerosene Oil Workers’ Union. Neither the Burmah-Shell Oil Company nor the Burmah-Shell Oil Company’s Union figure in the present dispute. The Caltex Oil Company and the Standard Vacuum Oil Company have each two terminals or installations in the City of Madras. The Burmah-Shell Oil Company has also its terminals. The Madras Kerosene Oil Workers’ Union includes in its membership the employees of all the three companies in their terminals in Madras. But, in these proceedings we are not concerned with the employees in the terminals of installations of the Burmah-Shell Oil Company in the City of Madras.

The Caltex Employees’ Union had been recognised by the Caltex Oil Company subject to certain terms. One of these ran as follows:

“ The Union excludes from its membership the Service and Labour Staff of the Company’s M




































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