RANCHI, India, Sept. 25 -- Jharkhand High Court issued the following order on Aug. 25:

1. The instant writ application has been preferred by the petitioner for the following reliefs:

"A) The order dated 23.07.2018 passed by the learned Labour Court in Ref. Case No. 02 of 2014 whereby and whereunder NUVOCO Vistas Company Ltd. has been substituted and made party of the Reference case (Ann-14) be quashed.

B) The Respondent be directed to adjudicate the dispute in terms of the reference dated 16.01.2015 in between the parties as mentioned in the Amended Notification dated 16.01.2015.

C) The Respondents be directed not to change & altered/add the party position of the Ref. Case No. 02 of 2014 and to adjudicate the real issue in terms of the order and direction dated 16.09.2013 passed by the Hon'ble Supreme Court in between the parties viz TISCO and LAFARGE India Ltd. And the concerned workmen within a specified time.

D) The Respondents be directed not to make the dispute more complicated by entering a new company as party in the proceeding.

E) The Respondents be directed not to change and altered the service conditions and service benefits the concerned workmen till the final Award is passed.

F) Any other relief or reliefs for which these petitioners are entitled to."

2. The brief facts of the case as per the pleading are that in the year 1991, Tata Steel established a Cement manufacturing near Jojobera, Jamshedpur. In furtherance of its objective to confine itself to its core business of steel making, decided to disinvest its cement division and therefore sold it to M/s Lafarge India Pvt. Ltd., vide Business Transfer Agreement (BTA) dated 09.03.1999 to be effective from 01.11.1999. The employees no longer remained the employees of Tata Steel from 01.11.1999 and concerned employees were communicated by the Company through individual letters mentioning therein that their services stood transferred to M/s Lafarge India Pvt. Ltd. and they would be treated as employees of said company with effect from 01.11.1999 and during their employment with M/s Lafarge India Pvt. Ltd., they have duly availed the benefits of the agreement between Lafarge Employee's Union and M/s Lafarge India Pvt. Ltd.

The employees alleged that they were not getting all the benefits which they were enjoying in their parent company and M/s Lafarge India Pvt. Ltd., was trying to change their services conditions and was also trying to discontinue the benefits which those employees were enjoying in TISCO.

Having no alternative, the petitioner's union approached to the Assistant Labour Commissioner, Jamshedpur raising their grievances and subsequently the commissioner reported to the Government of Jharkhand and ultimately by a notification dated 10.07.2004, referred the dispute to the Labour Court, Jamshedpur which was numbered as Ref. Case No. 14 of 2004.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrG%2B%2FiupiSlDZHmngYfsWQgU%2BNaVJXykWL%2FSoH13WrRIl&caseno=WPC/4950/2018&cCode=1&cino=JHHC010311132018&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.