OIL AND NATURAL GAS CORPORATION LTD. versus THE PRESIDENT, OIL FIELD EMPLOYEES ASSOCIATION & ORS.

Citation: [2022] 19 S.C.R. 376 · Decided: 04-02-2022 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Dismissed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 19 S.C.R.
OIL AND NATURAL GAS CORPORATION LTD.
v.
THE PRESIDENT, OIL FIELD EMPLOYEES ASSOCIATION
& ORS.
(Civil Appeal No. 1033 of 2022)
FEBRUARY 04, 2022
[L. NAGESWARA RAO AND ANIRUDDHA BOSE, JJ.]
Industrial Disputes Act, 1947: If irregularity or illegality
committed by a Tribunal touches upon the jurisdiction to try and
determine over a subject dispute is altogether beyond its purview,
that question would go to the root of the matter and it would be
within the jurisdiction of the superior court to correct such error –
In the facts of the present case, it is not the question of inherent
lack of jurisdiction on the part of the Tribunal – The question of
jurisdiction, as held by the High Court, was a mixed question of
fact and law – In the instant case, the settlement of 19th September,
2016 was a settlement essentially between the contractors and
workmen engaged by the former – The appellants were only
consenting parties to the settlement – The dispute related to the
question as to whether the workmen engaged by the contractors
would be entitled to pay at par with other workmen of the employer
and demand to that effect was raised with the appellants only – The
respondent Unions claimed to be, in reality, employees of ONGC
and the demand was raised upon the latter, and not on their
contractors – The nature of their demand was thus different
particularly as regards the status of the workmen, i.e., their claim
to be workmen of ONGC – Thus, the settlement of 19th September,
2016, in which the employers were the contractors cannot bind the
subject-dispute, where the appellants have been found to be the
employer on the basis of materials considered by the High Court –
Engagement by the contractors cannot be the sole basis for
determining status as workmen of contractors – The High Court
rightly affirmed the findings of the Industrial Tribunal that the
settlement of 19th September, 2016 did not bind the workmen whose
cause the respondent Unions were espousing – The finding of the
Tribunal that the settlement involving implementation of the Fair
Wage Policy (FWP) was not just and fair, which finding has been
[2022] 19 S.C.R. 376
376
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sustained by the High Court, is essentially a finding on facts based
on appreciation of evidence – Such finding not tainted by any
element of perversity – The scope of jurisdiction of the Industrial
Court is wide and in appropriate cases it has the jurisdiction even
to make a contract – Directives issued by the Tribunal, as modified
by the High Court are reasonable and cannot be termed as perverse.
Dismissing the appeal, the Court
HELD:1.1 If irregularity or illegality committed by a Tribunal
touches upon the jurisdiction to try and determine over a subject
dispute is altogether beyond its purview, that question would go
to the root of the matter and it would be within the jurisdiction of
the superior court to correct such error. In the facts of the present
case, it is not the question of inherent lack of jurisdiction on the
part of the Tribunal. The question of jurisdiction, as held by the
High Court, was a mixed question of fact and law. [Para 15][391-
E-G]
1.2 The dispute out of which the present appeal arises
relates to the question as to whether the workmen engaged by
the contractors would be entitled to pay at par with other workmen
of the employer and demand to that effect was raised with the
appellants only. The respondent Unions claimed to be, in reality,
employees of ONGC and the demand was raised upon the latter,
and not on their contractors. The nature of their demand was
thus different particularly as regards the status of the workmen,
i.e., their claim to be workmen of ONGC. Thus, the settlement
of 19th September, 2016, in which the employers were the
contractors cannot bind the subject-dispute, where the appellants
have been found to be the employer on the basis of materials
considered by the High Court. Their engagement by the
contractors cannot be the sole basis for determining their status
as workmen of contractors. [Para 23][398-D-F]
1.3. The High Court rightly affirmed the findings of the
Tribunal that the settlement of 19th September, 2016 did not bind
the workmen whose cause the respondent Unions are espousing.
The finding of the Tribunal that the settlement involving
implementation of the FWP was not just and fair, which finding
OIL AND NATURAL GAS CORPORATION LTD. v. THE PRESIDENT, OIL
FIELD EMPLOYEES ASSO

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