PURBANCHAL EMPLOYEES ASSOCIATION versus UNION OF INDIA & ORS.

Citation: [2018] 6 S.C.R. 698 · Decided: 03-04-2018 · Supreme Court of India · Bench: KURIAN JOSEPH · Disposal: Disposed off

Judgment (excerpt)

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ONGC PURBANCHAL EMPLOYEES ASSOCIATION
v.
UNION OF INDIA & ORS.
(Civil Appeal  No. 3511 of 2018)
APRIL 03, 2018
    [KURIAN JOSEPH, MOHAN M. SHANTANAGOUDAR
   AND NAVIN SINHA, JJ.]
Appeal: Intra Court appeal – Scope of – Industrial Tribunal
passed an award directing regularization of the workers – Single
Judge of the High Court upheld the award –  Division Bench of
High Court taking the view that matter needs a fresh look by the
Tribunal – Propriety of – Held: Not proper – A perusal of the award
passed by the Industrial Tribunal and detailed analysis made by
the Single Judge, show that there is no scope for the Industrial
Tribunal to adjudicate on any further aspect – All relevant aspects
were considered meticulously by the Single Judge – Being a writ
proceedings, the Division Bench was called upon, in the intra court
appeal, primarily to consider the correctness or otherwise of the
view taken by the Single Judge – The Division Bench is required to
consider the appeal(s) on merits by deciding on the correctness of
the judgment of the Single Judge, instead of remitting the matter to
the Tribunal – Thus, impugned judgment of the Division Bench is
set aside and matter remitted to it to dispose of writ appeals on
merits – Service Law.
Steel Authority of India Ltd. & Ors. v. National Union
Waterfront  Workers  &  Ors. (2001) 7 SCC 1 :
[2002] 2 Suppl. SCR 106 – referred to.
Case Law Reference
[2002] 2 Suppl. SCR 106
referred to
     Para 4
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3511
of 2018.
From the Judgment and Order dated 02.02.2012 of the High Court
of Gauhati in W. A. No. 266 of 2004
WITH
Civil Appeal No.3512 of 2018.
   [2018] 6 S.C.R. 698
698
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Pravir Choudhary, Reepak Kansal, Advs. for the Appellant.
J. P. Cama, Ms. Kiran Suri, Sr. Advs., Ms. Kumud Lata Das,
Ms. Devyani Ashra, Nayan K., S. S. Ray, Ms. S. Usha Reddy, Raj
Bahadur, Advs. for the Respondents.
The Judgment of the Court was delivered by
KURIAN, J.  Leave granted.
2. The appellants are before this Court, aggrieved by the judgment
of the Division Bench of the High Court remitting an industrial dispute to
the Industrial Tribunal.  There are two set of references before the
Industrial Tribunal.  In Civil Appeal No......... @ SLP(c) No.23494/2012,
the reference is as follows:-
“1. Whether the 22 contract labour as per Annexure ‘A’ are
performing permanent and perennial nature of job in the
establishment of ONGC Ltd. Sibsagar and are entitled for regular
employment in ONGC if so, to what relief they are entitled?
2. Whether the contract labour as per Annexure ‘B’ are performing
same or similar nature of work as being performed by any of the
regular employee of ONGC Ltd. Sibsagar and are entitled for
wages and the benefits as is admissible to other contract labour
under Rule 25(2)(v)(a) of the C.L. (RIA) cum Central Rules,
1971?  If so, to what relief they are entitled?”
3. In Civil Appeal No......... @ SLP(c) No.23495/2012, the
reference reads as follows:-
“Whether the claim of ONGC Contractual Mazdoor Sangha Lakwa
regarding regularization of services of their members (who are
working as contractual workers) in ONGC Ltd. at Lakwa is
justified?  If so, to what relief, the workmen are entitled?”
4. The Industrial Tribunal passed an award directing regularization
of the workers.  The same was upheld by the learned Single Judge.
5. However, the Division Bench took the view that the matter
needs a fresh look by the Industrial Tribunal in the light of the decision in
Steel Authority of India Ltd. & Ors. v. National Union Waterfront
Workers & Ors., reported  in (2001) 7 SCC 1.  The Bench took the view
that the Industrial Tribunal needs to decide as to whether there was a
genuine contract.
ONGC PURBANCHAL EMPLOYEES ASSOCIATION v.UNION
OF INDIA & ORS.
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[2018] 6 S.C.R.
6. Aggrieved, the workmen represented by their Associations are
before this Court.
7. We have heard Mr. Pravir Choudhury, learned counsel appearing
for the appellant, Mr. J.P. Cama, learned senior counsel appearing for
the ONGC and Ms. Kiran Suri, learned senior counsel appearing for the
Union of India, assisted by other counsel.
8. On going through the award passed by the Industrial Tribunal
and detailed analysis made by the learned Single Judge, we find that
there is hardly any scope for the Industrial Tribunal to adjudicate on any
further aspect.  All relevant aspects have been c

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