ONGC LABOUR UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) This group of petitions have been preferred by the ONGC Labour Union (hereinafter referred to as "the Union") under Article 226 of the Constitution of India. The petitions are preferred for the benefit of some 500 members of Gram Rakshak Dal (hereinafter referred to as "the Gram Dal") who have been assigned the duties of security guard for the purpose of protection of oil wells situated at different sites in Mehsana district under the Project Manager, Oil & Natural Gas Commission [now a body corporate known as Oil & Natural Gas Corporation Limited (hereinafter referred to as "the Corporation")].

(2.) The Union has claimed that the Gram Dal Jawans engaged as security guard as aforesaid should be treated as the employees of the Corporation and be given the status and consequential reliefs as such.

(3.) In Special Civil Application No.6406/1991 the Union has also prayed for an enquiry under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the Act of 1952"). In the alternative the Union has prayed for parity of pay with the security guards employed by the Corporation under Articles 14, 16 and 39(D) of the Constitution of India. In the alternative the Union has prayed for payment of minimum wages as determined by the State Government from time to time. In the alternative the Union has prayed for a direction to the Union of India to make a reference under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act of 1947") with respect to the aforesaid demands raised by the Union.