ONGC DIPLOMA ENGINEERS TECHNICAL ASSOCIATION Vs. ITS PRESIDENT

JUDGEMENT

(1.) CM No. 29274/2020 : By this order I shall decide this application filed by the petitioners. The prayers in the application are the following:

(2.) The writ petition has been filed by the petitioners seeking implementation of Oil and Natural Gas Commission (Recruitment and Promotion) Regulation 1980 ('R&P 1980' for short) and Modified Recruitment & Promotion Regulation 1997 ('Regulation of 1997', for short) and for quashing and setting aside the Memorandum of Understanding of 2004 (MoU) with regard to the recruitment and promotion policy of the Diploma holders who are inducted at A-II level after 2004.

(3.) Some of facts as noted from the record are that the members of the petitioner No.1/ association are the Diploma holder who have been appointed in terms of the policy under the MoU dated August 19, 2004. Suffice to state that the R&P 1980 were framed on April 25, 1980. Under the said regulations, Diploma holders were promoted to the executive cadre EO / AE after four years. The said regulation has been modified on March 14, 1997. However, the appointment and promotion policy of Diploma holders remained as it was in 1980 Regulation. The impugned MoU was signed between the ONGC and recognized unions of ONGC primarily for modifying R&P 1980. The MoU came into effect on January 01, 2004. In 133rd Board meeting held on October 28, 2004, the proposal for review of R & P policy was accepted.