HEMA HANDIQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) According to the fact narrated in the writ petition, the petitioners were appointed as unskilled workers at Rs.39.50 per day in the Central Workshop of the Oil & Natural Gas Commission Ltd (ONGC) at Sibsagar wef 19.3.1996. As a token of proof of their such engagement, the petitioners have annexed some letters by which the Labour Officer of the ONGC had requested the Assistant Commandant, Central Industrial Security Force, ONGC Nazira to issue Gate passes in favour of the petitioners. In the said letters it was indicated that the services of the petitioners as daily basis labourer towards the house keeping jobs had been extended for the periods as mentioned in the letters. It is on that basis, the petitioners claim that they were serving under the ONGC wef 19.3.96 till 30.6.98. They were not allowed to work wef 1.7.98.

(2.) It is the case of the petitioners that they having rendered services for 240 days in a year, they are entitled to be considered for conversion as regular employees on the basis of the Standing Orders of the ONGC. According to the averments made in the writ petition, the petitioners had approached the Assistant Labour Commissioner (C), Dibrugarh with a representation dated 8.7.98 and the said Commissioner by letter dated 9.7.98 while forwarding a copy of the representation submitted by the petitioners requested the Regional Director, ONGC to offer his comments within 10 days. The petitioners assert that even after expiry ofthe said period of 10 days, no response was shown by the ONGC authorities. However, nothing has been stated as to what transpired thereafter.

(3.) It is in the above back drop, the petitioners have approached this Court by filing the instant writ petition making a prayer for issuance of a writ in the nature of Mandamus to the ONGC authorities to regularise the services of the petitioners from the dates of their joining the services of the ONGC with all consequential benefits and to allow them to continue there services under the said respondent. It will be pertinent to mention here that apart from making the ONGC authorities as party respondent, the petitioners have also made the State of Assam represented by the secretary, Labour and Employment Department and the Assistant Labour Commissioner (Central), Dibrugarh as party respondents. Nothing has been mentioned as to what reliefs they have sought for against these two respondents and as to what for they have been made party-respondents.