TEL EVAM PRAKARTIK GAS AYOG & ANOTHER Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, LUCKNOW, UP THROUGH ITS PRESIDING OFFICER AND OTHERS

JUDGEMENT

(1.) The petitioner is a registered Trade Union agitating a cause of nine employees working with the respondent wherein their claims for regularization has been denied by the Tribunal by way of impugned award dated 18.09.2007 passed in ID Case No. 116 of 2002 as notified on 13.10.2007 and published in the Gazette on 01.11.2007. Before going into the vitalities of the award, certain legal backdrop under which the case has reached to this stage is necessarily required to be discussed.

(2.) There is no controversy inter se between the parties that prior to the induction of the petitioners into the services there was a standing order in operation w.e.f.15.07.1962 which dealt with the conditions of the workmen including all the "Contingent Employees." These standing orders were for contingent employees of the Oil and Natural Gas Corporation. These standing orders, which were in existence since 15.07.1962, had not dealt with the qualification of the employees which they were suppose to have at the time of induction. The qualification which has been prescribed was under Oil and Natural Gas Corporation (Recruitment and Promotion) Regulations 1980 and connected instructions. This regulation came into the enforcement w.e.f. 110.1979. According to the R & P Regulation of 1980 it deals with the qualification of Junior Mali in its clause 3.5 sub clause 7 which reads as under:-

(3.) According to the qualification prescribed for induction of Mali Grade-3, it provided that he should be literate with 5 year's experience. Meaning thereby by this qualification prescribed predominantly it was an experience only which was the parameter for induction, as specific educational qualification is not prescribed is simply says "literate". The other set of employees which are in the controversy in the question, their qualification has been specified under clause 15.1 clause 12.