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The Kerala High Court on Thursday directed the Centre to file an affidavit clarifying whether the Brahmos Aerospace Thiruvananthapuram Ltd (BATL), a subsidiary of Brahmos Aerospace Pvt Ltd, New Delhi, is a private or government Company.
Justice C.K. Abdul Rehim issued the directive on a writ petition filed by Brahmos Staff Association (INTUC) and Brahmos Employees Union (CITU) challenging the government order exempting the company from the provisions of the Kerala Registration of Trade Union Act.
The petitioners contended that it was a private company and therefore, exempting the company from the purview of the Act was illegal. The company is a subsidiary of the Brahmos Aerospace Pvt Ltd, a joint venture with the Russian government, it was argued.
They argued that the Union Government had only 50.5 per cent of equity share in the company while the Russian government holds the rest of the share. The government could exempt only a government company from the provisions of the trade union act.
As per the Industrial Disputes Act, a company with 51 per cent government share could be termed as Government Company. However, the BATL had a government share of less than 51 per cent. Therefore, it did not come under the definition of a government company as per the Industrial Disputes Act.
The petitioners sought to quash the order of the State Government exempting the company from the trade union act.
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