1991 (8) TMI 246

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....cheme proposes to transfer a part of GM's undertaking to JWIL. The appeal is filed by the Bharatiya Kamgar Sena which is the representative trade union of the workmen of GM and which objected to the sanction of the scheme on the ground that it purported to compulsory transfer of workmen of GM to employment in JWIL. The learned single judge accepted the submission that such compulsory transfer could not be effected and modified the scheme so as to remove therefrom the provision that provided for the compulsory transfer. Instead, the learned judge ordered that the concerned employees would have an option to join JWIL, in which event, they would be protected by the relevant provisions of the scheme. Those employees who chose to remain with GM ....

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....nner hereafter mentioned, declined to accept employment with JWIL under the scheme, the companies would give up the scheme. He said that if, on the other hand, the requisite proportion of the concerned workmen were agreeable to go over to JWIL, GM would offer the remaining workmen substantial retrenchment benefits in a scheme to be formulated with the assistance of the court. He submitted that the concerned workmen should be allowed to express their preference in this regard by a secret ballot to be held at a meeting presided over by an officer of the court. Mr. Puri, learned counsel for the trade union, submits to the orders of the court. It seems to us fair that Mr. Tulzapurkar's offer with prejudice should be accepted. We are co....