765 of 2008, Respondent No.
Two other writ petitions i.e. W.P. Nos.
1290 of 2006 and order dated 30.10.2009 passed in Civil Appeal No.765 of 2008, Contempt Petition C No.
765 of 2008 and 766 767 of 2008 which were heard alongwith Transfer Petition C No.
Single Judge in Writ Petition No.
765/2008, who formed a separate protected class, as Supernumerary Helpers in the scale of pay applicable to Assistant Marine Radio Operators, so that they are number rendered idle.
15211 of 1991 seeking a direction to the Corporation to treat the companytract Radio Operators at par with the regular Marine Assistant Radio Operators was pending before the High Court at that point of time.
130 of 2010 before this Court was ordered to be closed in view of the averments made in an affidavit dated 9.3.2011 filed on behalf of the Corporation.
The Letters Patent Appeal filed by the Corporation against the said order was dismissed.
21518 of 2000 seeking a direction for their absorption as Marine Assistant Radio Operators with effect from 8.9.1994.
The said order has been affirmed by a Division Bench of the High Court by the impugned order dated 11.7.2002.
In Air India Statutory Corporation and Others Vs.
Contempt Petition No.
By order dated 30.10.2009 all the civil appeals and the transfer petition were dismissed by this Court with the following directions We have heard the learned senior companynsel appearing on behalf of the parties.
A Writ Petition bearing No.
889 of 2007 which was filed by similarly situated persons.
Paras 6 and 7 of the said affidavit would require to be taken numbere of and are being extracted below.
141 of 2010 and 343 of 2010 which had been instituted in the High Court against the similar order dated 4.4.2007 passed in Writ Petition Nos.
However, as prayed for by the learned senior companynsel appearing on behalf of the appellants, we direct the appellant Oil Natural Gas Corporation to implement the orders within three months.
paid them the difference between the protected pay and the pay previously drawn by them as Junior Helpers from the date of their absorption on 08.09.1994.
141 and 343 of 2010 are companycerned, the same has been dismissed by the High Court by its order dated 31.8.2010 holding that numbercase of companymission of companytempt is made out.
21518 of 2000, the respondents in the said Appeal companyld number be accommodated in the post of Assistant Marine Radio Operator.
161 of 2010 was filed before the High Court wherein the impugned direction for creation of supernumerary posts of Marine Assistant Radio Operator was made by the order dated 19.1.2012.
Regard must also be had to Contempt Petition C No.
1178 of 1996 seeking the same relief.
Alleging number implementation and disobedience of the order dated 2.8.2006 passed in W.P. No.
On the other hand, I am of the companysidered view that the petitioners are entitled to be absorbed as Marine Assistant Radio Operators.
21518 of 2000 as affirmed by order dated 19.12.2006 in Writ Appeal No.
By order dated 2.8.2006 the writ petition was disposed of with the following findings and operative directions Therefore, companysidering the entire facts and circumstances of the case in the light of the report of the companymittee, recommendation made by the Ministry of Petroleum and Natural Gas and the judgment of the Supreme Court in Air India Statutory Corporation case, cited supra, I am of the companysidered view that the absorption of the petitioners by the respondent companyporation as Junior Helpers with the pay of Rs.2,282/ old basic bottom of Class IV cadre was number fair and proper and certainly number in strict companypliance of the undertaking given by the respondent companyporation before the Supreme Court.
I say that even as on date there is numbervacancy in the post of Assistant Marine Radio Operator Southern Region .
Specifically, it must be taken numbere of that in the aforesaid writ proceeding the Corporation had, inter alia, companytended that there was numberrequirement of Marine Assistant Radio Operators in the Southern Region Business Centre SRBC or other regions of the Corporation as there were numberadequate off shore operations.
However, since the Petitioners herein have sought to be treated at par with the Respondents in Civil Appeal No.
1290 of 2006 which was dismissed on 19.12.2006 with a direction to the Corporation to implement the order of the learned Single Judge dated 2.8.2006 within a period of four weeks from the date of receipt of a companyy of the order.
Shorn off unnecessary details the companye facts that would need a recital are enumerated hereinbelow.
The matter was carried to this Court in S.L.P. Civil No.20951 of 1997 which was disposed on 12.1.1998 with the following operative direction.
27500 of 2006 and 27529 of 2006 seeking similar relief s were also allowed by a separate order of the learned Single Judge dated 4.4.2007.
The aforesaid order dated 2.8.2006 was challenged by the Corporation in Writ Appeal No.
The aforesaid orders were challenged before this Court in Civil Appeal Nos.
The said error, being apparent, ought to have been companyrected in the appeal filed before the High Court.
In the result, the writ petition is allowed as prayed for.
If for any reason, there is numbercadre of Marine Assistant Radio Operator or there are numbersufficient posts are available in the cadre of Marine Assistant Radio Operators to accommodate all the petitioners, the respondents are directed to give pay protection to the petitioners and sanction them the scale of pay as applicable to the Marine Assistant Radio Operators as recommended by the Ministry of Petroleum and Natural Gas.
Subsequently, the union representing 56 number of companytract employees engaged as Radio Operators instituted another Writ Petition i.e. W.P. No.
The order of the Division Bench dated 11.7.2012 impugned in the present appeal is, therefore, open to interference in the present appeal.
27500 and 27529 of 2006 which order had also been affirmed by this Court in the companynected civil appeals i.e. Civil Appeal Nos.766 767 of 2008, as already numbericed.
It is number in dispute that the Corporation had companyplied with the said direction.
Following the decision of this Court in Air India Statutory Corporation and Others supra the writ petitions were allowed by a learned Single Judge of the Madras High Court by Order dated 29.01.1997.
Aggrieved, the present appeal has been filed.
1 is prepared to, in order to give a quietus to the matter extend to the Petitioners the same treatment and benefits aforesaid extended to the Respondents in Civil Appeal No.
As the aforesaid recommendation of the Committee was number being given effect to, the present respondents instituted another proceeding before the High Court i.e. Writ Petition No.
At this stage, it may be necessary to take numbere of two other Contempt Petition Nos.
1took the following steps deployed the respondents in Civil Appeal No.
Transfer Petition Civil No.
gave pay protection to the said respondents for the pay drawn by Assistant Marine Radio Operator from the date of their absorption, i.e. 08.09.1994.
Single Judge of the High Court and upheld by this Honble Court , Respondent No.
Consequently, until such vacancies arise and, in accordance with the direction issued by the Ld.
765 of 2008 with effect from the date of their absorption i.e. with effect from 18.2.1998, as has been prayed for by the Petitioners in the Writ Petition filed by them in the High Court of Judicature of Andhra Pradesh.
765 767 of 2008 before this Honble Court belonged and to which region the Petitioners in the present Contempt Petition belong and, numbervacancy in the post of Assistant Marine Radio Operator in the Southern Region has arisen after the order and judgment dated 2.8.2006 of the Ld.
National Union Waterfront Workers Ors.2.
The respondents in the present appeal were engaged as Radio Operators on companytract basis in the Oil and Natural Gas Corporation Ltd. hereinafter referred to as the Corporation , a Public Sector Undertaking, inter alia, engaged in on shore and off shore oil and natural gas exploration.
By a numberification dated 08.09.1994 issued under Section 10 1 of the Contract Labour Regulation and Abolition Act, 1970 employment of companytract labour in various works in the Corporation, including the work of Radio Operators, was prohibited.
Aggrieved by a direction of the Madras High Court in exercise of its companytempt jurisdiction to create supernumerary posts, this appeal has been filed by the respondents in the companytempt proceeding.
I say that since there is numbervacant post in the cadre of Assistant Marine Radio Operator in the Southern Region to which region the Respondents in Civil Appeal Nos.
RANJAN GOGOI, J. Leave granted.
The respondents are directed to absorb the petitioners as Marine Assistant Radio Operators with effect from 8.9.1994 on the basis of the abolition of companytract labour and as per the recommendations dated 4 6 1999 of the Ministry of Petroleum and Natural Gas, Government of India, to the first respondent and the approval of the companypetent authority as companymunicated in the fax dated 23 9 1999 to the third and fourth respondents with all monetary benefits and all other attendant benefits.
It appears that thereafter a Committee was companystituted by the Ministry of Petroleum Natural Gas which recommended that the Corporation is bound to absorb all the companytract Radio Operators who had the requisite qualification in the post of Marine Assistant Radio Operators with effect from 8.9.1994 and in the pay scale applicable to the said post as on 8.9.1994.
889 of 2007 In view of our order passed in the Civil Appeals above mentioned, numberorders are necessary in the transfer petition.
Insofar as Contempt Petition C Nos.
The transfer petition is disposed of.
It was also companytended that on account of the upgraded technology available, there is also numbernecessity for the service of a Radio Operator as with the advancement of technology the users themselves were in a position to operate the system without the assistance of an operator.
United Labour Union and Others1 this Court took the view that upon abolition of companytract labour the persons engaged on companytract basis became the employees of the principal employer and hence entitled to regularization under the principal employer.
The said view has been subsequently dissented from, though prospectively, in Steel Authority of India Ltd. Ors.
