OIL AND NATURAL GAS CORPORATION Vs. KRISHAN GOPAL

JUDGEMENT

(1.) This batch of appeals arises from the judgments of the High Courts of Andhra Pradesh, Delhi, Madras and Uttarakhand. A judgment of a two judge Bench of this Court in Oil and Natural Gas Corporation Limited v Petroleum Coal Labour Union, (2015) 6 SCC 494 ("PCLU") has assumed focus since the decisions of the High Courts in four of the present appeals have relied on the judgment of this Court in coming to the conclusion that the workmen were entitled to regularisation in service. In one of the five appeals, however where the prayer for regularisation was rejected, the decision in PCLU has been distinguished. Hence on either end of the spectrum, the judgment in PCLU has a significant bearing on the outcome of the appeals.

(2.) The manner in which the present appeals arise is indicated, for convenience of reference, in the following tabulation:

(3.) In the appeals which are listed out at serial Nos 1, 2, 4 and 5 of the table, ONGC, as the appellant seeks to challenge the judgments of the High Courts directing or, as the case may be, upholding the plea for regularisation on the basis of the decision in PCLU. In the appeal at serial No 3, the workmen are before this Court against the judgment of the High Court declining to grant the relief which was granted to the workmen in PCLU on the ground that they had initiated proceedings under Article 226 without availing of the remedy under the ID Act .