K C MISHRA Vs. ONGC

JUDGEMENT

(1.) Two petitioners who were working as Chargeman at the relevant time in the Oil & Natural Gas Commission ("ONGC" for short), Production Department, filed this Special Civil Application in representative capcatiy. This Court, on 1st March, 1989, granted leave to the petitioners to file this petition in representative capacity.

(2.) The facts of the case briefly stated are as under : The respondent No. 1-ONGC is a statutory Corporation. It is an instrumentality of the Union of India and is therefore, a State within the meaning of Art. 12 of the Constitution of India, on which there is no dispute. The recruitment and other service conditions of the ONGC are regulated under the regulations framed in exercise of powers as conferred upon it by Section 32 of the Oil and Natural Gas Commission Act, 1959. It is not in dispute that promotion to the post of Assistant Engineer (Production) is provided from two sources, i.e. from the post of Junior Engineer (Production) and Chargeman (Production), in the ratio of 1:1. It is also not in dispute between the parties that the eligibility for promotion from the post of Chargeman (Production) to the post of Assistant Engineer (Production) is six years' experience, whereas the eligibility for promotion to the said post from the post of Junior Engineer (Production) is four years' experience on that post. The parties are also not on issue on the point that the post of Chargeman has to be filled in 100% by promotions from the post of Assistant Technician which post in turn has to be filled in again in 100% by promotion. So, even the persons having non-engineering qualifications can be promoted to the post of Chargeman. The post of Junior Engineer, on the other hand, has to be filled in 100% by direct recruitment and the minimum qualification for recruitment on this post is Diploma in the concerned discipline. Another fact on which there is no dispute is that the pay scale for the post of Chargeman is lower than the pay scale prescribed for the post of Junior Engineers. These facts are clearly borne out from the Special Civil Application itself as given out on page No. 5 thereof.

(3.) The dispute has arisen when the ONGC enunciated a policy known as Policy for Relieving Against Stagnation, hereinafter referred to as 'policy'. Admittedly this policy has been formulated pursuant to the memorandum of settlement. A copy of this policy has been produced on record of this Special Civil Application as annexure 'C'.