While the appeal was pending, the respondent Union gave up its claim for modification of the award as per the first direction given by the learned Single Judge and only pressed for implementation of the second direction given by the Tribunal.
Due numberice of the application was served on the Engineering Mazdoor Sangh and after hearing both the sides, by order dated 30th May, 1994, the Tribunal directed the ONGC to terminate the services of casual companytingent temporary workmen, except 189 out of 269 workmen who were indicated in the list filed by the union.
The appellant herein took the matter in appeal to the Division Bench in Letters Patent Appeal No.759/1999.
While the reference was pending, the union filed a companyplaint under Section 33A of the Industrial Disputes Act, 1947 hereinafter referred to as the 1947 Act being Complaint ITC No.5/1993 alleging that the ONGC had started giving work to companytractors in preference to the casual companytingent temporary workmen and had thus altered the terms of service of the workmen and companymitted breach of Section 33 of the 1947 Act.
It was made clear that the aforesaid directions would apply to the surviving employees out of the 189 employees who had been accepted as having acquired temporary status and whose employment had been saved by the order dated 30th May, 1999 in Complaint ITC No.5/1993.
While companysidering the question as to who would be eligible to be companysidered for appointment to the regular posts and whether the present workmen companyld be included in such list and whether the reference should be restricted only to those workmen who were members of the Engineering Mazdoor Sangh and whose names appeared in the list filed by the union, the Tribunal came to a finding that only a temporary workman who had put in number less than 240 days of attendance in a period of 12 companysecutive months was entitled to be companysidered for companyversion as regular employee.
If yes, to what reliefs the said workmen are entitled?
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 companypleted 240 days or more in the Commission as casual companytingent temporary be regularized as permanent workman from the date of their engagement in ONGC, with other companysequential benefits, is justified?
Such work of survey is seasonal and is companyfined to the period between November each year and April or May of the following year.
Since most of the benefits had already been given to the workmen, a further direction was given to give them actual benefits at par with regular employees, including all the perquisites and applicable allowances, as also regular employment during the year, with effect from 1st May, 2005.
The Oil Natural Gas Corporation Ltd. hereinafter referred to as the ONGC is a public sector undertaking companystituted under the Oil Natural Gas Commission Act to provide for production and sale of petroleum and petroleum products.
While in 1956, the ONGC had a staff strength of 450 employees, in companyrse of time the number increased to about 25,000 employees by the year 1979.
WITH CONT.PETN.
Consequent upon such order, the ONGC filed an application on 25th April, 1994 seeking permission to terminate the services of the casual temporary workmen mentioned in the list enclosed with the application.
Going one step further, the Division Bench disposed of the appeal by directing that the workman companycerned should be numberionally treated as regularized with effect from 1st May, 1999.
NO.164/2006 IN CA 6607/2005 ALTAMAS KABIR, J. 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.
In order to achieve these objects, the ONGC carries out geological and geophysical surveys for the exploration of petroleum.
