Workmen of Hindustan Aeronautics Ltd. , Nashik Division v. Hindustan Aeronautics Ltd. and Anr.
Bombay HCWP/7999/2021
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1 Urmila Ingale IN THE HIGH COURT OF…
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Urmila Ingale
Digitally signed by URMILA URMILA PRAMOD PRAMOD INGALE INGALE Date: 2022.03.02 20:39:10 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7999 OF 2021
Workmen of Hindustan Aeronautics Limited, Nashik Division .. Petitioner Vs. Hindustan Aeronautics Limited and anr. .. Respondents
Mr. Yogendra Pendse a/w Mr. Mahendra Agavekar, for Petitioner. Mr. Arsh Misra i/b M.V. Kini & Co., for Respondents.
CORAM : DIPANKAR DATTA, CJ & M. S. KARNIK, J.
DATE : MARCH 2, 2022
P.C. :
"a) Issue a Writ of Mandamus or any other writ, order or direction to quash and set aside the communication issued by the 2nd respondent dated 27.10.2021 (Annexure-A)
b) Issue a Writ of Mandamus or any other writ, order or direction directing the respondent to ensure the continuance of medical facilities and medical benefits to the workmen and their dependents including parents as has been the practice and the procedure of the respondent, without making any changes adversely affecting the workmen"
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"Notice of Change of Service Condition for amending the HAL Medical Rules
Name and Address of the Employer :
Hindustan Aeronautics Limited Aircraft Division Nasik HAL Ojhar Township P.O Tal- Niphad, Dist - Nashik 422 207
Dated this the 27th day of October 2021
In accordance with Section 9A of the Industrial Dispute Act 1947, we hereby give notice to all concerned that it is our intention to effect the change specified in the Annexure (enclosed), on the expiry of 21 days from the issuance of this notice (i.e. w.e.f. 18.11.2021) in the conditions of service applicable to Workmen in respect of the matters specified in the Forth Schedule to the said act."
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proceedings which were initiated having failed, the dispute between the employer and the employees has since been referred by the Government of India, Ministry of Labour & Employment to the Central Government Industrial Tribunalcum-Labour Court, Bangalore (hereafter “the Tribunal”, for short) by letter dated January 31, 2022 for answering the following question:
"Whether the action of the management of HAL, Bangalore in modifying the medical policy as raised by Hindustan Aeronautics Employees Association (HAEA) vide letter dated 15.11.2021 is proper, legal and justified? if not, what relief(s) the disputant workers is entitled to?"
(M. S. KARNIK, J.) (CHIEF JUSTICE)
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2 issues framed by the court
Whether the High Court can interfere in a change of service condition dispute referred to an Industrial Tribunal.
What remedy is available to petitioning Union employees regarding modification of medical policy.
Workmen of Hindustan Aeronautics Limited, Nashik Division
Hindustan Aeronautics Limited
Dipankar Datta
M. S. Karnik
As recorded by the court registry
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