M/s. Kribhco Shyam
Fertilizers Limited by that name, the Company was incorporated on 2005. It is
engaged in the manufacturing of Chemical Fertilizers and Agro Products. The
said company has its unit, a Urea & Ammonia Manufacturing Plant at Village
Pipraula, District Shahjahanpur. The aforesaid company was incorporated with
the Registrar of Companies for the National Capital Territory of Delhi and
Haryana. Subsequently, the name of Kribhco Shyam Fertilizers Limited was
altered to Kribhco Fertilizers Limited. It is the renamed company aforesaid,
and incorporated afresh by the name are the petitioners. It also requires mention that another company,
Bindal Agro Chemical Limited, was a company duly incorporated under the
provisions of the Companies Act, 1956.
The workmen, represented by the petitioners are a manufacturing establishment engaged in the production of urea and chemical fertilizers. There employ about 350 workmen. It is the workmen individually that Jang Bahadur Yadav was appointed in 1996 as a Security Guard, V.P. Shukla was appointed in 1996 also as a Security Guard; likewise, Radhey Shyam was appointed in the same capacity, Rakesh Mishra was appointed as Security Guard whereas J.B. Singh was appointed in 1997 as a Helper, Shamsher Chandra was appointed again as a Security Guard; Susheel Kumar was appointed in 2003 as a Fireman, and, V.K. Rajpoot was also appointed as a Fireman in1996.J.B. Singh is an Employees' Union, who are active in the establishment of the petitioners manufacturing plant in order to safeguard the interest of workmen, employed there. And his Union is affiliated to some All India Organization of Unions, described as the CITU. All these workmen were office bearers of the Union's General Body. They would espouse from time to time any just cause of their fellow workmen.
The respondent-Union had
raised certain demands through a letter 2008, related particularly to casual
hands before the petitioners, of which the District Administration and the
Labour Department had been given information. The said demands and problems
were pending consideration before the petitioners, but no action was taken
thereon. In the meanwhile, casual hands and those engaged through labour
contractors were not paid wages for a period as long as three months. On that
account w.e.f.2009, workmen undertook a hunger strike for an indefinite period.
The strike was called by casual hands, and the first respondent, in support of
those demands had staged a dharna. The petitioner management was desperate
about the picketing workmen. The petitioner management for the purpose abating
the dharna drafted help of the civil and police administration. Above mentioned those eight workers dismissed
from service without giving any notice. Then a mob is an attack by of the
petitioners' workmen on the premises of the manufacturing plant of the company
at Pipraula, leading to extensive damage of the company's property. It is
attack the residential quarters of its officers were attacked by a riotous mob
of employees, led by the Union leaders, that is to the leaders of the
respondent, including its office bearers.
It has been pleaded on behalf of the workmen that the motivated nature of the action taken against them is from the fact that they were dismissed from service on ground, that the workmen entered the Officers' Colony where they attacked the Officers of the petitioners. Later on, two workmen, Sethpal Singh and Bhagwan Singh, were reinstated in service, even though the charges levelled against the two reinstated workmen and the workmen are the same. It is that in the charge sheet, false charges have been levelled against J.B. Singh, who is the General Secretary of the first respondent- Union.
The Labour Court has held dismissal from service of eight workmen of the petitioner to be unlawful and illegal, and ordered their reinstatement in services with full back-wages. The eight workmen were dismissed by orders of different dates passed by the petitioner in exercise of powers under Clause 45.0 of the Oswal Chemical and Fertilizers Limited, Standing Orders. These Standing Orders have been certified by the competent authority, under the Industrial Employment (Standing Orders) Act, 1946.