AIDEF Moves Madras High Court Challenging Corporatization Of Ordnance Factories

For the past two years the Trade Unions of the Defence Civilian employees are fighting against the Govt. decision to Corporatise the Ordnance Factories through their Trade Union action. When they have decided to go for an indefinite strike, the Government promulgated EDSO-2021 and subsequently passed the EDSA 2021 in the Parliament. However, the Trade Unions are continuing their agitation in different forms. The latest development is INDWF has taken a U turn and have supported the Govt. decision to Corporatise the Ordnance Factories and there demand now is some attractive package. However the other Federations AIDEF, BPMS, are continuing their struggle without any compromise. Even the unrecognized Federations are in the war path protesting against Corporatisation and EDSA.

Now the legal battle also has started. The AIDEF has filed two separate petitions in two high courts. In the Delhi High Court, they have filed petition against EDSA 2021 and in Madras High court they have filed petition against the Corporatisation of Ordnance Factories and also about protecting their status as Central Government employees and Defence Civilian Employees. Their prayer in both the writ petitions are as follows:-

Prayer in the Writ Petition filed at Delhi High Court against EDSA 2021

a) To issue appropriate Writ, order or direction in the nature of mandamus for declaration that the impugned Act and in particular, Sections 1,2(1)(a) and 2(1)(b), Section 3,4,5,6,7 and 8, section, 11,12 and 13 and Sections 15, 16 and 17 are declared as unconstitutional as being violative of Articles 14, 19(1)(a), 19(1)(c), 21 and 311 of the Constitution of India.

b) For costs of this Petition and orders thereon

c) For such further and other reliefs, as this Hon’ble Court may deem fit and proper in the nature and circumstances of the present case.

Prayer in the Writ Petition filed at Madras High Court against Corporatisation of Ordnance Factories

It is therefore prayed that this Hon’ble Court may be pleased to grant an interim injunction restraining the 1 st respondent and its men, agents and employees from taking any further steps to implement the decision of Corporatization of Ordnance Factories in any manner pursuant to the Office Memorandum bearing No.1(5)/2021/OF/DP/(Plg-V) dated 21.07.2021 issued by the 1 st Respondent, pending disposal of this Writ Petition and thus
render justice.

For the reasons stated above, it is prayed that this Hon’ble Court may be pleased to issue a Writ, Order or direction and more particularly, a WRIT OF CERTIORARI to call for the records connected with the impugned Office Memorandum bearing No.1(5)/2021/OF/DP/(Plg-V) dated 21.07.2021 issued by the 1 st Respondent, conveying the decision of the Cabinet taken at the meeting on 16.06.2021 and to quash the same, and pass such further or other
orders as this Hon’ble court may deem fit and proper in the circumstances of the case and
thus render justice.

The AIDEF, BPMS, CDRA, NPDEF & AIBDEF have also taken the decision to go for a referendum against the employees of Ordnance Factories to ascertain the fact whether they are in favour of Corporatisation or they are against Corporatisation. They have decided to take the referendum between 13 th of Sept. 2021 and 18 th of Sept. 2021. A joint circular was issued by them to day to all their affiliated Unions.

www.indianpsu.com accessed a copy of the joint circular and its contents are published herewith for the benefit of the viewers

Referendum on Corporatisation of 41 Ordnance Factories

Let each and every worker express their verdict on Corporatisation

Referendum week on Corporatisation from 13/09/2021 to 18/09/2021

All of you are aware that inspite of all our stiff protest and ongoing agitations and also gathering the support of all Trade Unions, social organisations, political parties, Members of the parliament and eminent people from different walks of life against the ill-advised decision of the Government to Corporatise the Ordnance Factories by declaring them as 7 Companies, the Government is bent upon to go ahead with their decision. You are also aware that apart from different form of protest organised by the Federations, we have also decided to take legal recourse on the Government’s decision for corporatisation and bringing in dreaded EDSA against the employees of Ordnance Factories to silence their genuine voice of right to protest. We are in the final stages of filing petitions against EDSA and Corporatisation.

You are aware that the INDWF has already taken a position in support of the Govt. decision to Corporatise the Ordnance Factories against the interest of the employees. Taking advantage of this the DDP/MoD is moving fast to implement the Govt. decision by issuing various instructions almost on a daily basis. In this situation to ascertain the ground reality and to convey the firm views of the entire work force of Ordnance Factories, it has been decided to hold a Referendum in all the Ordnance Factories Accordingly it has been decided to hold a Referendum from amongst the employees of Ordnance Factories irrespective of category on the decision of Ministry of Defence to splinter the Ordnance Factories in to 7 Corporations and to show them that the decision taken by the Government is ill conceived, illogical and totally against the interest of Security and Defence preparedness of our country. Accordingly it has been decided unanimously by AIDEF, BPMS, CDRA, NPDEF & AIBDEF to conduct a Referendum on any day depending upon the local situation during the week commencing from 13/09/2021 to 18/09/2021.

A model Referendum ballot paper is enclosed herewith. Two ballot boxes may be kept in the entrance of the Factory Gate, one painted with Black colour which is in favour of corporatization and another one painted with white colour which is against Corporatisation. We may approach each and every employee and educate the employee to cast their choice in the Referendum against Corporatisation and to remain as Government Employee till superannuation.

After the polling is over the Votes may be counted and the results may be informed to the respective Federations immediately which we will consolidate and forward to the Government. The Unions/JAC should inform the result to the General Manager in writing. In the Ballot paper the names of AIDEF, BPMS, CDRA should be printed. In the Factories where NPDEF and AIBDEF affiliated Unions are functioning in those Factories, the name of NPDEF and AIBDEF may also be printed.