Altamas Kabir, J. - (1.) When the application being I.A.No.7/06 for revocation of the leave granted, filed by the respondent-union, was taken up for hearing, the appeal itself was taken up for disposal.
(2.) The Oil and Natural Gas Corporation Ltd. (hereinafter referred to as the ONGC) is a public sector undertaking constituted under the Oil and Natural Gas Commission Act to provide for production and sale of petroleum and petroleum products. In order to achieve these objects, the ONGC carries out geological and geophysical surveys for the exploration of petroleum. Such work of survey is seasonal and is confined to the period between November each year and April or May of the following year. The workload is far less during the monsoon period and is generally referred to as the off season. Every year when such survey work or field season begins, the ONGC starts recruiting casual/contingent/temporary workmen for specified periods and their services are terminated at the end of the field season. Such practice appears to have been continuing from the very inception of the ONGC in 1956. While in 1956, the ONGC had a staff strength of 450 employees, in course of time the number increased to about 25,000 employees by the year 1979. It has been stated that the strength of the labour force has increased even further since then.
(3.) In view of the aforesaid phenomenon relating to employment of seasonal workers, the Engineering Mazdoor Sangh on behalf of its members who had been recruited as such casual/contingent/temporary workmen, raised an industrial dispute in the form of a demand for regularization of such workmen. The dispute was ultimately referred by the Government of India to the Industrial Tribunal (Central) at Vadodra (hereinafter referred to as the Tribunal), being Reference (ITC) No.6/1991. The following issue was referred to the Tribunal for adjudication :- "Whether the demand of Engineering Mazdoor Sangh, Vadodra that the employees employed in the ONGC, Western Region, Vadodra who have completed 240 days or more in the Commission as casual/contingent/temporary be regularized as permanent workman from the date of their engagement in ONGC, with other consequential benefits, is justified If yes, to what reliefs the said workmen are entitled - ;