ONGC, RAJAHMUNDRY ASSET Vs. THE GOVT. OF INDIA

JUDGEMENT

(1.) This writ petition is filed by Oil and Natural Gas Corporation, Rajahmundry Asset (the Corporation, for short) through its Executive Director/Asset Manager seeking a Writ of mandamus declaring the Notification S.O. 1418(E), dated 22 -6 -2012, published in the Gazette of India dated 22 -6 -2012 issued by the Government of India, Ministry of Labour and Employment, New Delhi, the 1st respondent herein, as illegal and void, and to set aside the same. The 4th respondent is the General Secretary of the ONGC Krishna Godavari Contract Workers' Union.

(2.) One G.Rama Swamy, the 4th respondent herein and 53 others are said to be working as Security Guards on contract basis in the petitioner -Corporation. They have been consistently demanding for abolition of the contract labour system in the petitioner -Corporation. There have been several deliberations before the respondents 1 to 3 in that regard by the contract workers and the officials of the petitioner -Corporation. According to the petitioner -Corporation, in respect of the Security Guards of ONGC installations at Rajahmundry, Kakinada etc., there are 3 rings of deployment of security. The 1st ring of security is manned by the CISF (Central Industrial Security Force). The 2nd ring of security is manned by the Andhra Pradesh Special Force (A.P. Police). The 3rd ring of security, which is of casual nature, it is being discharged by the contract workers engaged through a contractor. R.Rama Swamy (respondent No.4) and 53 others have been raising their grievances for regularisation of their services in the establishment of ONGC at Rajahmundry. There were conciliation proceedings before the Regional Labour Commissioner (Central), Hyderabad and the said authority submitted a failure report dated 22 -9 -2011 to the Ministry of Labour and Employment, Government of India. Later, the Ministry of Labour and Employment by O.M., dated 16 -12 -2011 addressed to the Ministry of Petroleum and Natural Gas, New Delhi informing that it was proposed to refer the dispute to the Industrial Tribunal for adjudication on the following issue - whether the demand of the workers of the Union for regularisation on tenure based employment by the ONGC, Rajahmundry Asset is justified? If so, what relief these workers are entitled to?

(3.) The Ministry of Petroleum and Natural Gas, New Delhi has forwarded the same to the ONGC and the ONGC objected to the same vide letter dated 14 -02 -2012. According to the petitioner -Corporation, the Ministry of Labour and Employment, Government of India vide Order No.L 30011/44/2011 -IR(M), dated 24 -4 -2012 instead of dropping the proceedings referred the dispute for adjudication to the Central Government Industrial Tribunal cum Labour Court, Hyderabad in exercise of powers conferred by Clause (d) of sub -section (1) of sub -section 2 -A of the Industrial Disputes Act, 1947 (the I.D. Act, for short).