O.N.G.C. LTD. versus ENGINEERING MAZDOOR SANGH

O.N.G.C. LTD. versus ENGINEERING MAZDOOR SANGH

Compassionate appointments cannot precede absorption of workmen specified by Tribunal Award; Court’s prior order must be followed. However, ONGC may offer compensation package to those workmen or compassionate candidates, and if accepted, they may act upon it unfettered by prior directions.

Parties
Applicant: O.N.G.C. LTD.; Respondent: Engineering Mazdoor Sangh
Jurisdiction
India
Judgment Date
17 September 2009
Procedural Posture
Civil Appeal / Interlocutory Applications I.a. Nos. 11 and 12 of 2009
Outcome
Interlocutory Applications dismissed; leave to appoint compassionate candidates before absorption denied; no orders on prayer (b) of I.A. No. 12.
Legal Topics
Regularisation of Casual Workers, Compassionate Appointment, Industrial Dispute, Implementation of Tribunal Award
Labour Law Regularisation of Casual Workers Compassionate Appointment Industrial Dispute Implementation of Tribunal Award

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Parties

O.N.G.C. LTD.

Applicant

Engineering Mazdoor Sangh

Respondent

Procedural Posture

Civil Appeal / Interlocutory Applications I.a. Nos. 11 and 12 of 2009

Legal Issues

  1. 1 Whether ONGC can appoint candidates on compassionate grounds before absorption of workmen identified by Tribunal
  2. 2 Whether certain workmen should be absorbed upon completion of two years as directed by Supreme Court

Ratio Decidendi

Compassionate appointments cannot precede absorption of workmen specified by Tribunal Award; Court’s prior order must be followed. However, ONGC may offer compensation package to those workmen or compassionate candidates, and if accepted, they may act upon it unfettered by prior directions.

Court Disposition

Interlocutory Applications dismissed; leave to appoint compassionate candidates before absorption denied; no orders on prayer (b) of I.A. No. 12.

Orders

  • ONGC may offer compensation package to remaining unabsorbed workmen or compassionate candidates; if accepted, ONGC and such candidates may act on basis of such acceptance, unfettered by directions of Tribunal or Supreme Court dated 20.11.2006.
  • Interlocutory Applications Nos. 11 and 12 of 2009 are disposed of.