BARNALI DIHINGIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Dasgupta, learned senior counsel assisted by Ms. B. Das, learned counsel for the writ petitioners in both these writ petitions. Also heard Mr. G. N. Sahewalla, learned senior counsel assisted by Mr. B.K.Das, learned counsel appearing for the ONGC authorities. Since both these writ petitions raises common question of law and facts, hence, these are being disposed of by this common order.

(2.) The brief factual background of these cases are that the writ petitioners in WP(C) 8802/2019 are the two widows of 2(two) workmen employed on contractual basis under the ONGC. The writ petitioner in WP(C) 9114/2019 is also another workman employed on contractual basis under the ONGC but he has retired from service. Since those workmen were amongst those engaged on contractual basis, hence, they were not given the service benefits of regular employees as a result of which, a dispute had arisen between those workmen and the ONGC. By notification dtd. 14/06/1999 issued under Sec. 10 of the Industrial Dispute Act, 1947, the following question was, therefore, referred to the Industrial Tribunal at Guwahati, for adjudication :-

(3.) After hearing both the sides and on consideration of the materials available on record, the learned Industrial Tribunal at Guwahati had answered the reference in favour of the workmen by issuing the award dtd. 18/12/2000. The relevant observations made in the award dtd. 18/12/2000 is reproduced herein below for ready reference :-