The Hindu Business Line : ONGC persisting with labour case without legal basis: HC

Chennai April 6 In a matter pertaining to absorption by ONGC of workmen who were on temporary rolls, the Madras High Court has passed strictures "for agitating the matter for over seven years without any legal basis, and it is totally not expected of an institution wholly owned by Central Government."

The Chief Justice, Mr A.P. Shah, and Mr Justice K. Chandru, sitting on First Bench, while rejecting a writ appeal by ONGC against the order of single judge, wondered that the public sector undertaking, "far from being a model employer," was continuing a legal battle against 51 employees when it had been directed to absorb them as marine assistant radio operators from September 8, 1994.

It was unthinkable as to how the corporation could still agitate, failing to realise that order of dismissal by apex court of special leave petition by it would amount to confirmation of order by a Bench of this Court. "Therefore, it operates certainly as res judicata on all issues raised therein."

The appeal was against an order dated August 2, 2006 of a single judge wherein and by which ONGC was directed to absorb respondents as marine assistant radio operators due to abolition of contract labour and as per recommendations of the Ministry of Petroleum and Natural Gas.

If there were no cadre of marine assistant radio operator or no sufficient posts were available in the said cadre, a further direction was given to accommodate respondents and to give any other post and also to give pay protection to them.

The appellant submitted, inter alia, that the dispute was raised by respondents before the Industrial Tribunal, and since they had abandoned pursuing it, it was closed by the Tribunal, and therefore, it should operate as an estoppel against any claim by respondents.

The First Bench said that while some of the arguments were never addressed before a single judge, the other argument was one of desperation as records clearly showed that there was a series of litigation between appellant and respondents.

This Court, by order dated January 29, 1997 directed appellant to fix scale of pay of respondents with reference to actual persons employed and also to absorb them in light of ruling of Supreme Court in 1996 (9) 78.

Against the said order, appeals by ONGC were rejected by the Division Bench of this Court by an order dated July 15, 1997. Attempt by ONGC to move apex court also ended in failure.

When the matter attained finality, and orders of this Court had been approved by the Supreme Court, it was surprising that a PSU like the appellant should keep on litigating matter without giving quietus to the matter, the Bench said.

Under circumstances, the Bench said, it had no hesitation in rejecting the writ appeal and the same shall stand dismissed.