EXECUTIVE DIRECTOR/BASIN MANAGER OIL AND NATURAL GAS CORPORATION LTD Vs. ONGC EMPLOYEES MAZDOOR SABHA & 2

JUDGEMENT

(1.) AS all the appeals arise from the common judgment and order passed by the learned Single Judge, they are being considered simultaneously.

(2.) WE may also record that for the sake of convenience, hereinafter, the employee union shall be referred to as the union/employees and the employer ONGC Ltd. shall be referred to as ONGC/employer.

(3.) THE short facts of the case appear to be that ONGC had sanctioned post of about more than 800 in numbers, however, for the mode of recruitment, it appears that ONGC called for the names from the Employment Exchange instead public advertisement in the newspaper. When the names were called for from the Employment Exchange for the posts in question, it was provided for a term of four years. It appears that thereafter, the interview call letters were issued and after conducting the interviews, the Appointment Orders were issued as per the inter se merit of the available candidates. It appears that the terms and conditions at the time of appointment to the employees concerned, were the same as were being provided for the regularly selected candidates. The employees concerned joined the services with the ONGC as per the terms of appointment, they were sent for training, they completed the probation period and they contributed their respective amount towards C.P.F. etc. and they also successfully completed four years' tenure. Thereafter, extension was also given in respect of some of the employees. However, ONGC, while giving extension, considered fresh appointment and further, the attempts were also made to fill up the posts by regular advertisement. It appears that, at that stage, on or about 21/08/2003, a dispute was raised under the Industrial Disputes Act (hereinafter referred to as "the Act"). A charter of demands was submitted which included demand No. 1 for regularization of term based employees. There were no successful conciliation and ultimately, the dispute was referred to the Industrial Tribunal for adjudication with the following demands: