The Industrial Tribunal, Kollam, has ruled that the appropriate government as far as the management of BrahMos Aerospace Thiruvananthapuram Ltd. is concerned is the State government and the promotion policy approved by the State government is valid for the employees there.
The tribunal gave the ruling while settling a dispute between the Brahmos management and two trade unions – the BrahMos Staff Association and the BrahMos Employees Union – referred to it by the State government over whether the amendment to the promotion policy of BrahMos Aerospace by the management and the consequent denial of promotions to workmen was justifiable or not.
The BrahMos Staff Association, contending that promotions had to be given as per the promotion policy settlement reached to with the State government in 1997, had pointed out that later, time-bound promotions to the post of Technician Supervisor Grade I had been violated by the management. To this, the management had replied that the promotion policy of the State government was not valid since it was not the competent authority and BrahMos was a joint venture of the Union government and the Russian government.
However, the tribunal said the management had applied to the State government for exemption from the Kerala Recognition of Trade Unions Act, but had taken a contrary stand when it came to the promotion policy by stating that the State government was not the competent authority. Therefore, as per sections of the Industrial Dispute Act, the appropriate government for the management was the State government only.
The tribunal ruled that the submission of the management that trade unions had signed an agreement to abolish all trade unions and replace them with a welfare committee had no legal basis. The agreement was against public policy, and hence the promotions to the workmen were to be given as per the promotion policy agreement of 1997 with the State government.
