IOC, LTD Vs. UOI

JUDGEMENT

(1.) P .K.BHASIN:J This writ petition under Articles 226 and 227 of the Constitution of India was filed by the petitioner, Indian Oil Corporation Ltd.('IOC' in short) against the order dated 25th April, 2005 passed by the Central Government Industrial Tribunal -cum -Labour Court( in short 'CGIT') directing the IOC and the contractors, through whom respondents 3 -33 herein had been employed for doing different jobs at the guest houses of the IOC in Delhi, to maintain status quo in respect of the services of these workmen during the pendency of the reference proceedings before CGIT in respect of the industrial dispute raised by them regarding their non -regularization by the IOC.

(2.) THE IOC has guest houses in Delhi to for its officers coming to Delhi from outside on tours. For catering and other services at the guest houses the IOC has been availing of the services of different contractors who have been providing workers for performing various jobs. Though the contractors have been changing but the workers provided by one contractor had been retained by the successor contractors from time to time. Those workers, who are respondents 3 -33 herein, raised an industrial dispute claiming that they were in fact the employees of the IOC but only in order to deprive them of their legal dues they were being shown as the employees of the contractors who were being given contracts from time to time for providing catering and caretaking services at the guest houses. A reference with the following term of reference was made to the CGIT by the appropriate Government on 11.2.2003 in respect of the said demand of the workmen: - "Whether the action of the management of I.O.C.L., New Delhi in not regularizing the services of the concerned 33 workmen from the date of his initial appointment is just, fair and legal? If not what relief the concerned workmen are entitled to and which date -.

(3.) APPREHENDING that their services might be terminated by way of non -renewal of the contracts with the contractors by the management of IOC, during the pendency of the reference proceedings before the CGIT the respondents 3 -33 herein filed an application before the CGIT for an interim relief so that their employment remained intact during the pendency of the proceedings in respect of their demand for the regularization of their services by the petitioner. The CGIT vide its order dated 25th April, 2005 allowed the