S.C. Agrawal, J. - (1.) The only question which arises for consideration in this writ petition, filed under Article 32 of the Constitution, is whether persons who were employed in temporary capacity with the Oil and Natural Gas Commission (hereinafter referred to as 'the Commission'), when it was being run as a Department of the Government of India prior to the enactment of the Oil and Natural Gas Commission Act, 1959 (hereinafter referred to as the ONGC Act) and who were subsequently absorbed in the Commission, as established under the said Act, are entitled to pension, in addition to the Provident Fund benefits to which they are entitled under the provisions of the Employees' Provident Fund and Miscellaneous Provisions Act (hereinafter referred to as the Provident Fund Act).
(2.) The Commission was initially formed as a Department of the Government of India and it continued to be so till October 15, 1959, when the ONGC Act was enacted and the Commission was established as a statutory body under the said Act. Section 13 of the ONGC Act makes provision for transfer of service of the existing employees to the Commission on the same tenure, remuneration and terms and conditions as they would have held, if the Commission had not been established, until such tenure, remuneration and terms and conditions are duly altered by the Commission. In the proviso of Sub- Section (1) of Section 13 of the ONGC Act, it is further provided that the tenure, remuneration and terms and conditions of service of any such employee shall not be altered to his disadvantage without the previous approval of the Central Government. In exercise of the powers conferred by Section 32 of the ONGC Act the Commission, with the previous approval of the Central Government, has made the Oil and Natural Gas Commission (Terms and Conditions of Appointment and Service) Regulations, 1975 (hereinafter referred to as 'the Regulations'), In Clause 2(b) of Regulation 3, it has been provided that nothing in the Regulation shall operate to deprive any employee of any right or privilege to which he is entitled by the terms or conditions of service, or any agreement, subsisting between such person and the Government.
(3.) By Notification No. GSR 705, dated May 16, 1961, Schedule I to the Provident Fund Act was amended so as to make the provisions of the said Act applicable to any industry engaged in the manufacture of petroleum or natural gas exploration, prospecting, drilling or production with effect from June 30, 1961. By another Notification No. GSR 706, dated May 16; 1961, issued under Section 1(3)(b) of the Provident Fund Act the provisions of the said Act were made applicable to establishments engaged in the storage or transport or distribution of petroleum or natural gas or products of either petroleum or natural gas with effect from June 30, 1961. A corresponding amendment was made in the Employees' Provident Fund Scheme, 1952 (hereinafter referred to as 'the Provident Fund Scheme'), by Notification dated June 5, 1961, whereby Sub-Clause (xviii) was inserted in Clause (b) of sub-para (3) of para 1 of the said scheme and thereby the Provident Fund Scheme was made applicable, with effect from June 30, 1961, to factories relating to petroleum or natural gas exploration, prospecting, drilling or production and petroleum or natural gas refining and establishments engaged in the storage or transport or distribution of petroleum or natural gas or products of either petroleum or natural gas covered by the notifications of the Government of India in the Ministry of Labour and Employment, Nos. G.S.R. 705 and 706, dated May 16, 1961, respectively. As a result of the. aforesaid amendments introduced in the Provident Fund Act and the Provident Fund Scheme, the provisions of the Provident Fund Act and the Provident Fund Scheme became applicable to the Commission with effect from June 30, 1961.;