LAWS(MAD)-2018-1-337

PETROLEUM EMPLOYEES UNION Vs. MANAGEMENT OF OIL &AMP

Decided On January 29, 2018
PETROLEUM EMPLOYEES UNION Appellant
V/S
Management Of Oil AndAmp Respondents

JUDGEMENT

(1.) The Petroleum Employees' Union of Oil and Natural Gas Corporation Limited [in short "ONGC"] is the writ petitioner. The Ministry of Labour, Central Government, vide order No.30011/83/2004-IR(M) dated 25.01.2005 has referred the following dispute to the Central Government Industrial Tribunal-cum-Labour Court, Chennai [in short "Tribunal-cum-Labour Court] for adjudication:

(2.) Facts leading to the filing of this writ petition, briefly narrated, necessary for the disposal of this writ petition, are as follows:

(3.) The Writ Petition was admitted on 16.11.2007. Pending disposal of the same, M.P.Nos.1 and 2 of 2008, praying for interim orders were also filed and this Court, vide order dated 13.09.2008, granted an order of ad-interim direction restraining the first respondent from terminating the services of the petitioner till 30.06.2009 and accordingly, their services are retained. When the Writ Petition was listed for hearing on 21.08.2013, it was represented by the learned counsel for the respondents that the question as to whether the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 is applicable to a company owned by the Central Government has already been referred to a Division Bench and the matter is pending before the Division Bench and therefore, the learned Judge, taking note of the said submission, has directed the Registry to tag this writ petition along with W.P.No.5156 of 2005 and list the same before the concerned Division Bench, after getting necessary orders. Therefore, this Writ Petition was tagged along with W.P.No.5156 of 2005, which was filed by the Management of Madras Aluminium Company Limited [MALCO]. Prior to that, vide order dated 25.06.2013 made in W.P.No.5156 of 2005, the learned Judge formulated four questions and referred the same to the Division Bench for answering the Reference.