Mrs. Sujata V. Manohar, J. - (1.) Bharat Petroleum Corporation Ltd., the second respondent in this appeal has about 12,000 employees. Out of these about 1850 employees are working in the refinery division of the second respondent. Process Technicians and Analysts Union which is the appellant-Union has a membership of about 411 employees in the refinery division of the second respondent-corporation.
(2.) Prior to 1976 there were two companies; one was Burmah Shell Refineries Ltd. which was an Indian company and the other was Burmah Shell Oil Storage and Distribution Company which was a foreign company registered in the United Kingdom and was a marketing company. On or about 24 of January, 1976, the entire share capital of Burmah Shell Refineries Ltd. was purchased by the Government of India and Burmah Shell Refineries Ltd. became a Government Company, and later a Public Sector undertaking. The Burmah Shell Oil Storage and Distributing Company which was a foreign company was acquired by the Central Government by enacting the Burmah Shell (Acquisition of Undertakings in India) Act, 1976. After the acquisition of the Burmah Shell Oil Storage and Distributing Company, both these companies were merged and a notification was issued under Section 7 of the said Act vesting the undertakings of the Burmah Shell Oil Storage and Distributing Company in Burmah Shell Refineries Ltd. The name of the said company was changed on or about 1st of August, 1977, to Bharat Petroleum Corporation Ltd. Up to 24th of January, 1976, there were approximately 220 Burmah Shell workmen who were working in the Refinery Company. After 24th of January, 1976, some of these employees continued with the Government Company. Fresh workmen were employed thereafter by the Government/Public Sector Company on a temporary basis on consolidated salaries. In February 1978. Petroleum Employees Union filed U.L.P. 38/1978, under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, claiming on behalf of post-nationalisation workmen in the refinery of Bharat Petroleum Corporation Ltd. benefits of Pre-Nationalisation Wage Settlements signed by the then unions with Burmah Shell Refineries Ltd. Those settlements were dated 21-2-1973, 31-10-1973 and 16-8-1974.
(3.) By a letter dated 27th of February, 1981, addressed by the Government of India to the second respondent-corporation, the atention of the second respondent was invited to existing directions to the effect that the Wages Scales/Service Conditions which were prevalent before the take-over of the company cannot be granted to the employees recruited subsequently and that the second respondent-corporation should recruit all new entrants after take-over of the company on consolidated wages. It was in compliance with this directive that the second respondent-corporation had engaged employees after nationalsation on a temporary basis and on consolidated salaries.;