OIL AND NATURAL GAS COMMISSION Vs. MAHESHWARI DEVI

JUDGEMENT

(1.) This Special Civil Application has been preferred by the Oil and Natural Gas Commission ('O.N.G.C.' for short) against the Award dated 28-4-1988 passed by the Central Industrial Tribunal at Ahmedabad in Reference (I.T.C.) No. 31 of 1987 whereby the respondent-workman has been deemed to be in continuous service from February, 1985 and ordered to be reinstated as such and the Management has been ordered to pay all the wages due to her.

(2.) The husband of the present respondent-workman was working as a contingent employee with the O.N.G.C. for a period of about 11 years and he expired on 29- 10-1983 while he was performing his duties. After the death of the husband of the present respondent-workman, she approached the O.N.G.C. for employment and the case of the O.N.G.C. is that out of sheer sympathy, employment was given to her by the O.N.G.C. for a specified period purely on temporary need basis in April 1984. According to the case of the O.N.G.C., as stated in para 3 of the petition, she had worked during the period of April 1984 to January 1985 as under :

(3.) This dispute was registered as Reference No. 31 of 1987. The case of the respondent-workman was that during the period from April 1984 to January 1985 she had worked for more than 240 days and that though her services were terminated in February, 1985 she was not served with any notice before the termination and no compensation was paid to her and that there was violation of Sec. 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The grievance with regard to the violation of Secs. 25F and 25H of the Act had also been raised. Her claim was contested by the petitioner-O.N.G.C. before the Industrial Tribunal. The Industrial Tribunal passed the Award dated 28-4-1988 holding that the respondent is deemed to be continuing in service from February 1985 and she should be reinstated within two months from the date of the receipt of the Award and her due wages are to be paid within the period of two months from the date of the publication of the Award. It is this Award dated 28-4-1988 which is under challenge in the present Special Civil Application.