Brahmos Aerospace Thiruvananthapuram Ltd (BATL) is a Central government company as per the provisions of the Industrial Disputes Act, according to a statement filed by the Centre in the Kerala High Court on Thursday.
This is because it is a subsidiary company set up by Brahomos Aerospace Pvt Ltd, a joint venture between the Defence Research and Development Corporation of India and the Federal State Unitary Enterprise NPO Mashinostroyenia (NPOM) of the Russian Government, the statement added.
The Centre made the submissions in a statement filed in response to a directive by the court to clarify its stand with respect to the ownership of the company. The directive was issued on a writ petition filed by Brahmos Staff Association (INTUC) and Brahmos Employees Union (CITU) challenging a government order exempting the company from the provisions of the Kerala Registration of Trade Union Act.
The trade unions contended that since the Centre had less than 51 per cent share in BATL, it did not come under the definition of a government company as per the Industrial Disputes Act. As such, the State government could not ban trade union activities in the company.
The Centre further made it clear that Brahmos Aerospace Pvt Ltd is owned by the Government of India through DRDO and Government of Russia through NPOM. When two governments formed a company, it could not but be a government company fully controlled by the Union Ministry of Defence. BAPL is an Indo-Russian joint venture with 50.50 per cent shares held by DRDO and 49.50 per cent share held by NPOM, Russia, it said.
The statement added that when BAPL took over Kerala Hi-tech Industries Ltd, which was in the red, in 2007, trade unions in the erstwhile KHIL had agreed to have a workman welfare committee to redress their grievances, instead of forming trade unions inside the unit.