AKIL KURESHI - (1.) PER AKIL KURESHI, J: - 1. Since the issues involved in these petitions overlap, they have been heard together.
(2.) SPECIAL Civil Application No. 15607 of 2004 is filed by one ONGC Mazdoor Sangh. This union espouses the cause of number of persons who were employed by the respondent No.1 i.e., Oil and Natural Gas Corporation (for short ONGC). This petition is directly filed before this High Court claiming a declaration that the decision of the respondent Management to terminate the services of the concerned employees who have been appointed on the fixed term basis including the employees mentioned at Annexure 11 as illegal and unjust and that the same amounts to unfair practice. By way of interim relief, it is prayed that the respondents be restrained from terminating the services of the employees concerned. 2.1 The petitioner in this petition has stated that from the year 1999 onwards, the respondents have been making appointments of its employees on "fixed term basis" against regular and permanent posts and as many as 700 employees have been appointed in this manner till the year 2001. It is stated that the action of the respondents in making such appointments on fixed term basis is wholly arbitrary. It is pointed out that the appointment is made on probation for one year and the appointment order also states that the appointee carries the liability to serve in any part of the world. It is also stated that the term of the appointment order states that the appointees will be governed by the terms and conditions of service as per the relevant rules and regulations of ONGC in force from time to time. It is also stated that several different sources of recruitment have been clubbed together for issuing such fixed term appointment orders. 2.2 It is also stated that large number of such employees have been recruited through requisitions from the Employment Exchange and the candidates were to pass written test as well as oral interview and after completing all formalities prescribed for regular appointment, they were appointed on permanent posts, but on fixed term basis. It is, therefore, contended that these appoin - tees were appointed on regular basis in the ONGC and the employees should therefore be considered permanent regular employees. It is contended that despite this position, the respondents have decided to hold fresh interview which was earlier proposed to be held on 4th December, 2004 onwards for selecting candidates for fresh appointment for a further fixed period of four years on tenure based appointment. This attempt on the part of respondent is sought to be challenged in the present petition as being illegal and arbitrary. It is specifically contended that the action of the respondents is in violation of section 9 -A of the Industrial Disputes Act and also amounts to unfair labour practice prohibited in Schedule V of the Industrial Disputes Act which in turn is a punishable offence under Section 25 -T and U of the Industrial Disputes Act. On these and number of other grounds, the action of the respondent is sought to be challenged in this petition filed by the above mentioned Union. In Special Civil Application No. 15495 of 2004, one may notice briefly some of the aspects of the matter at this stage in order to consider the maintainability of Special Civil Application No. 15607 of 2004 filed by the ONGC Mazdoor Sangh and details of pleadings on record in Special Civil Application No. 15495 of 2004 filed by ONGC Employees Mazdoor Sabha shall be considered later. The prayer in this petition made is for issuance of a direction directing the respondent No.1 to refer the dispute pending before it for adjudication without any further delay. Additionally, it is prayed that there should be direction to maintain status quo with regard to employment of all the term based employees till the matter is referred for adjudication and the petitioners are afforded an opportunity to seek protection from the appropriate forum. By way of interim relief, it is prayed that the respondent Nos. 2 to 4 i.e., ONGC Management be directed to maintain status quo and not to conduct any fresh interview/test for any reengagement of the existing term based employees. 3.1 These prayers have been made in the background of the fact that the petitioner No.1 Mazdoor Sabha in this Special Civil Application, has already initiated the proceedings for seeking reference of their dispute involving their demand for preventing ONGC Management from holding interview to select persons for fresh tenure based employment for a period of four years. The petitioners in this petition claim to espouse the cause of virtually all the employees who are currently engaged on fixed term basis, who are approximately 577 in number. It is an admitted position that conciliation proceedings in this regard are over and the Conciliation Officer has upon failure of the conciliation submitted his report dated 13.8.2004. It is also not in dispute that the matter is pending before the Central Government for deciding the question whether the demand is to be referred for adjudication to an appropriate Labour Court or the Industrial Tribunal or not. In this petition, i.e., Special Civil Application No. 15495 of 2004, basically, the attempt is to see that the dispute sought to be raised by the petitioner Union is referred for its adjudication as early as possible and until such time that the reference is made and the appropriate Labour Court/Industrial Tribunal is able to take up the issue for its preliminary consideration, status quo with respect to service conditions of all the employees should be maintained.
(3.) IN view of the stand taken by the Union in Special Civil Application No. 15495 of 2004, it would be necessary to examine the maintainability of Special Civil Application No. 15607 of 2004 keeping in view the issues arising therein.;