GENERAL MANAGER PROJECT Vs. SECRETARY

JUDGEMENT

(1.) Rule. Learned Counsel for the respondent waives service. By this petition styled as a petition under Article 226 and 227 of the Constitution of India, the petitioner Corporation ("ONGC" for short) has challenged the award of the Industrial Tribunal, Ahmedabad in Reference I.T.C No. 10/93, whereby 18 employees concerned have been ordered to be regularised in the service with effect from 1.4.1993 with consequential benefits and costs of Rs. 5,000.00.

(2.) The dispute referred by the Government of India, Ministry of Labour vide its order dated 29.4.1993 to the Industrial Tribunal for adjudication, reads as under:-

(3.) The Trade Union representing the workmen clearly stated in their statement of claim before the Tribunal that the contract system introduced by the ONGC was only a camouflage and a smoke-screen created by them to deprive the workmen of their legal rights and therefore, the Tribunal was required to tear the veil and go in depth to find out who is the real employer. The respondent also made an attempt at bringing the contractor on record, but the notices of the Tribunal could not be served despite attempts and substituted services. During the course of recording of evidence before the Tribunal, the petitioner did not take any step to either prove the existence of any contractor or of a contract under which the workmen were made to work. In the deposition before the Tribunal it was stated that the alleged contracts with the contractors were sham and bogus, while in reality, it was the ONGC whose manager used to entrust the work and mark presence of the employees.