CHAIRMAN ONGC LIMITED Vs. RIGMAN AND TOPMAN ASSOCIATION

JUDGEMENT

(1.) The present petition is filed challenging the judgement and award passed by the Central Industrial Tribunal, Ahmedabad in Reference (ITC) No.16 of 1992 dated 29.2.2000. The learned Judge directed the first party, ONGC to publish and declare the job specifications of Rigman, Topman and A.T. (ROM), i.e. Assistant Technician (Rig Operation Maintenance), within 30 days. The learned Judge also ordered that the first party shall pay after the date of the order the salary of the higher category for such period for which the work of higher category is taken.

(2.) Mr.Mehta, the learned advocate appearing for the petitioner corporation submitted that this award has become infructuous because the employees for whom the union, viz. the General Rigman & Topman Association which is not a recognised union had filed the reference are no more in the aforesaid cadres as they are already promoted to a higher cadre of Assistant Driller, prior to the date of award, i.e. 29.2.2000. He also submitted that besides on 2.2.2000 a settlement under section 12(31) of the Industrial Disputes Act, 1947 was arrived at between the Management and the association which had filed the reference.

(3.) Mr. Mehta submitted that so far as the cadre titled as 'AT (ROM)' is concerned, the same is no more in existence as all employees of the cadre of 'AT (ROM)' are promoted to higher post and no new person is recruited in the said cadre. So far as the cadre of Rigman and Topman are concerned this direction is required to be quashed and set aside because if such job specification is published it will hamper the smooth working of the organisation. He submitted that such job specification was never published. Mr.Mehta submitted that it is not possible for the first party to publish the job specification mainly on the ground that the work performed by the Rigman, Topman and other persons working on the 'RIG' (a set up for drilling at a particular place to find out oil/ gas) is so intermingled that it is not possible to lay down the job specifications for individual cadre. He submitted that persons from various disciplines work at a RIG, such as, 'drilling', 'production', 'engineering', 'geophysics' and so on. Every one has to put his head together to see that the operation of locating oil/ gas is successful. He submitted that by providing job specifications, the establishment will invite serious problems, which in turn will adversely affect the working of the Corporation resulting in adversely affecting the interest of the nation. He submitted that publication of job specification is likely to be proved hazardous and may result into loss of life and property. He invited the attention of the Court to para 6(3) of the petition, which reads as under: