ONGC ELECTRICAL Vs. DIRECTOR (PERSONNEL)

JUDGEMENT

(1.) This appeal under Clause-15 of the Letters Patent is filed by the appellant-original petitioner against the C.A.V. judgment dated 2.11.2018 passed by learned Single Judge in Special Civil Application No. 29534 of 2007, wherein, challenge was to the award dated 30th June, 2007, passed by Central Government & Industrial-cum-Labour Court, Ahmedabad ("the Tribunal" for short) in Reference (CGITA) No. 201 of 2004, whereby claim of the petitioner stood rejected and hence writ-petition invoking powers under Articles 226 and 227 of the Constitution of India was preferred.

(2.) The claim before the Tribunal was raised by the petitioner, namely, 5 members of the respondent company, through ONGC Electrical and Allied Staff Association, an unrecognized Union of workers, who were working as Assistant Engineer (A) since 1980 on different projects and various units of the respondent company at Mehsana, Ahmedabad, Vadodara and Ankleshwar and since their entry in service in the year 1980, they were compelled to perform additional duties such as working on electric motor, rewinding, S.R. Pump checking, maintenance work, attending the high voltage line and operating DG sets etc. and in the absence of any job description, those members of the petitioner Union were denied extra allowance and other benefits, which resulted into monetary loss to them.

(3.) Having considered overall material as well as documentary evidence in detail, the learned CGIT did not find any cogent reasons to accept the demand of the Union and direct the ONGC to consider such demand. So was the case before the learned Single Judge, who was also not convinced by the submissions made by the learned advocate on behalf of the petitioner. Even during the proceedings, when the learned Single Judge asked one of the employees/claimants to show on paper how the points of two way connection of a circuit were connected, he was unable to draw or show it on paper.