{"id":51193,"date":"2009-09-17T00:00:00","date_gmt":"2009-09-16T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/o-n-g-c-ltd-vs-engineering-mazdoor-sangh-on-17-september-2009"},"modified":"2018-02-06T11:56:34","modified_gmt":"2018-02-06T06:26:34","slug":"o-n-g-c-ltd-vs-engineering-mazdoor-sangh-on-17-september-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/o-n-g-c-ltd-vs-engineering-mazdoor-sangh-on-17-september-2009","title":{"rendered":"O.N.G.C. Ltd vs Engineering Mazdoor Sangh on 17 September, 2009"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">O.N.G.C. Ltd vs Engineering Mazdoor Sangh on 17 September, 2009<\/div>\n<div class=\"doc_author\">Author: A Kabir<\/div>\n<div class=\"doc_bench\">Bench: Altamas Kabir, Cyriac Joseph<\/div>\n<pre>                                                 1\n\n\n\n               IN THE SUPREME COURT OF INDIA\n\n                CIVIL APPELLATE JURISDICTION\n\n                I.A. NOS. 11 AND 12 OF 2009\n\n                                 IN\n\n                CIVIL APPEAL NO.6607 OF 2005\n\n\n\nO.N.G.C. Ltd.                                         ... Appellants\n\n      Vs.\n\n\nEngineering Mazdoor Sangh                           ... Respondent\n\n\n                           O R D E R\n<\/pre>\n<p>ALTAMAS KABIR, J.\n<\/p>\n<\/p>\n<p>1.    The    Oil    and   Natural         Gas    Corporation   Ltd.,<\/p>\n<p>(hereinafter    referred    to    as      `the    O.N.G.C.&#8217;)   is     a<\/p>\n<p>public sector undertaking which carries out geological<\/p>\n<p>and   geophysical     surveys     for       the    exploration       of<\/p>\n<p>petroleum.     Such work is seasonal and is confined to<\/p>\n<p>the period between November each year and the months<\/p>\n<p>of April or May of the following year.               Every year, at<br \/>\n<span class=\"hidden_text\">                                     2<\/span><\/p>\n<p>the   commencement    of    the     new    season,   the   O.N.G.C.<\/p>\n<p>starts recruiting casual\/contingent\/temporary workmen<\/p>\n<p>for    specified     periods        and    their     services     are<\/p>\n<p>terminated at the end of the field season.                   Having<\/p>\n<p>regard   to   the   nature     of    the   work    involved,     such<\/p>\n<p>practice is said to have been in existence from 1956<\/p>\n<p>when the O.N.G.C. was incorporated.\n<\/p>\n<\/p>\n<p>2.    With the increase in the workforce over the years,<\/p>\n<p>the aforesaid practice came to be questioned by the<\/p>\n<p>Engineering Mazdoor Sangh, the respondent herein, on<\/p>\n<p>behalf of its members who had been employed as such<\/p>\n<p>casual\/contingent      or      temporary       workmen     and     an<\/p>\n<p>industrial dispute was raised in the form of a demand<\/p>\n<p>for regularization of such workmen.                The dispute was<\/p>\n<p>ultimately referred by the Government of India to the<\/p>\n<p>Industrial Tribunal (Central) at Vadodara by way of<\/p>\n<p>Reference (ITC) No.6 of 1991 to decide whether the<\/p>\n<p>demand of the Respondent-Sangh for regularisation of<\/p>\n<p>such employees and for other consequential benefits,<\/p>\n<p>was justified and if the answer to the said question<\/p>\n<p>was yes, to what relief would                 the workmen          be<\/p>\n<p>entitled.\n<\/p>\n<p><span class=\"hidden_text\">                                       3<\/span><\/p>\n<p>3.     The aforesaid Reference was answered in favour of<\/p>\n<p>the workmen though the Tribunal made it clear that the<\/p>\n<p>Reference was to be restricted to those workmen whose<\/p>\n<p>names appeared in the Schedule to the affidavit filed<\/p>\n<p>by the O.N.G.C.       The Tribunal directed the O.N.G.C. to<\/p>\n<p>consider     the    names      of    those    workmen    in     the    same<\/p>\n<p>descending order in which they were mentioned in the<\/p>\n<p>Schedule     as     and    when      vacancies       occurred    and    to<\/p>\n<p>regularize them provided they satisfied the prescribed<\/p>\n<p>educational qualifications and had also put in 240<\/p>\n<p>days    of   work    in    a   year.         The   O.N.G.C.     was    also<\/p>\n<p>directed to give such workmen who were eligible, age<\/p>\n<p>relaxation of one year for every completed 240 days of<\/p>\n<p>work in a year.\n<\/p>\n<\/p>\n<p>4.     The aforesaid order of the Tribunal was challenged<\/p>\n<p>by the Respondent-Sangh before the Gujarat High Court<\/p>\n<p>in Special Civil Application No.12850 of 1994.                          The<\/p>\n<p>learned Single Judge hearing the matter observed that<\/p>\n<p>though regularization could not be effected in the<\/p>\n<p>absence      of    permanent        posts,     the    availability       of<\/p>\n<p>permanent     posts       is   a    fortuitous       circumstance      and<br \/>\n<span class=\"hidden_text\">                                               4<\/span><\/p>\n<p>consequential confirmation is, therefore, uncertain,<\/p>\n<p>but that there was no bar against treating a person to<\/p>\n<p>be regular even if a permanent post was not available.<\/p>\n<p>The    learned          Single      Judge      accordingly               modified     the<\/p>\n<p>order of the Tribunal and directed the respondents to<\/p>\n<p>treat the employees who were covered by Standing Order<\/p>\n<p>2(ii) as regular employees.\n<\/p>\n<\/p>\n<p>5.      The   matter          was     taken        by    the    O.N.G.C.        to   the<\/p>\n<p>Division      Bench        in    Letters       Patent          Appeal       No.729     of<\/p>\n<p>1999.     During          the       pendency            of     the       Appeal,      the<\/p>\n<p>Respondent-Sangh gave-up its claim with regard to the<\/p>\n<p>first direction given by the learned Single Judge and<\/p>\n<p>only     pressed          for       implementation                  of    the     second<\/p>\n<p>direction.              Similarly,        the       O.N.G.C.             gave   up    its<\/p>\n<p>challenge          in      respect        of        the        third        direction.<\/p>\n<p>Accordingly,            the      controversy             in     the       appeal      was<\/p>\n<p>restricted to the challenge in respect of the second<\/p>\n<p>direction      only.          While    granting              such    relief     to    the<\/p>\n<p>parties       to     the        appeal,       the        Division         Bench      also<\/p>\n<p>directed       that        the        workmen           concerned          should      be<\/p>\n<p>notionally         treated       as    regularized             with       effect     from<\/p>\n<p>1.5.1999.          It was clarified that the directions given<br \/>\n<span class=\"hidden_text\">                                    5<\/span><\/p>\n<p>would apply to the surviving employees within the 189<\/p>\n<p>employees who had been accepted as having acquired<\/p>\n<p>temporary status and whose employment had been saved<\/p>\n<p>by the order dated 30.5.1999 in Complaint (ITC) No.5<\/p>\n<p>of 1993.\n<\/p>\n<\/p>\n<p>6.    When the matter was brought to this Court by the<\/p>\n<p>O.N.G.C.,    this     Court    restored   the    order     of    the<\/p>\n<p>Tribunal    whereby    the    153   workmen   identified    to    be<\/p>\n<p>eligible for regularization were to be treated at par<\/p>\n<p>with the regular employees and their services were to<\/p>\n<p>be treated as having been notionally regularized from<\/p>\n<p>1.5.1999. While disposing of the appeal on 20.11.2006,<\/p>\n<p>this Court injuncted the respondents from making any<\/p>\n<p>recruitment from outside till such time as the 153<\/p>\n<p>workmen were        absorbed against regular vacancies in<\/p>\n<p>the concerned category.        A further direction was given<\/p>\n<p>that even in matters of seasonal employment, the said<\/p>\n<p>153 workmen or those who remained after regularization<\/p>\n<p>from time to time, were to be considered first for<\/p>\n<p>employment before any other workmen were engaged for<\/p>\n<p>the same type of work in the field.             This Court also<\/p>\n<p>directed the        O.N.G.C. to make a serious attempt to<br \/>\n<span class=\"hidden_text\">                                     6<\/span><\/p>\n<p>regularize the services of the workmen concerned in<\/p>\n<p>terms of the order passed by the Tribunal as quickly<\/p>\n<p>as possible, but preferably within a period of two<\/p>\n<p>years from the date of the order.\n<\/p>\n<\/p>\n<p>7.     While the aforesaid judgment was delivered on<\/p>\n<p>20.11.2006, it was only on 23.2.2009 that I.A. No.11<\/p>\n<p>of   2009   was    filed    and   I.A.         No.12    of     2009    was,<\/p>\n<p>thereafter, filed on 9.4.2009 in Civil Appeal No.6607<\/p>\n<p>of 2005.     While I.A. No.11 of 2009 has been filed for<\/p>\n<p>a modification of the order passed by this Court on<\/p>\n<p>20.11.2006 in Civil Appeal No.6607 of 2005, I.A. No.12<\/p>\n<p>of 2009 has been filed by the Respondent-Sangh, inter<\/p>\n<p>alia, for suitable directions to be issued to the<\/p>\n<p>O.N.G.C. to absorb all the remaining workmen on the<\/p>\n<p>completion of two years, as directed by this Court in<\/p>\n<p>its judgment dated 20.11.2006.\n<\/p>\n<\/p>\n<p>8.   When    the     applications          were        taken     up     for<\/p>\n<p>consideration, Mr. Raju Ramachandran, learned Senior<\/p>\n<p>Advocate,   who    appeared    for       the    O.N.G.C.,       submitted<\/p>\n<p>that while implementing the aforesaid directions given<\/p>\n<p>by   this   Court,    the     O.N.G.C.         was     faced    with    an<br \/>\n<span class=\"hidden_text\">                                        7<\/span><\/p>\n<p>industrial       dispute      from    candidates          who    were     also<\/p>\n<p>waiting      for       appointment         from     the     compassionate<\/p>\n<p>appointment        category.          Mr.     Ramachandran        submitted<\/p>\n<p>that    no   person       from   the       said     category      could     be<\/p>\n<p>appointed over the last 9 years having regard to the<\/p>\n<p>pendency of the proceedings before the Court and that<\/p>\n<p>apart from the 153 workmen, who were before the Court,<\/p>\n<p>the     Court      should     also     allow        O.N.G.C.      to      make<\/p>\n<p>appointments         from     the      compassionate            appointment<\/p>\n<p>category.\n<\/p>\n<\/p>\n<p>9.     Mr. Ramachandran also urged that, in fact, 138<\/p>\n<p>workmen were admittedly covered by the Award of the<\/p>\n<p>Industrial Tribunal.           In order to implement the Award,<\/p>\n<p>as    also   the    judgment     of    this       Court,   the    said     138<\/p>\n<p>workmen were invited by the O.N.G.C. to attend the<\/p>\n<p>selection       process     strictly        in    accordance      with     the<\/p>\n<p>directions issued by this Court.                      Mr. Ramachandran<\/p>\n<p>submitted       that    137   workmen       attended       the    selection<\/p>\n<p>process and only 77 of the said workmen were found<\/p>\n<p>qualified and eligible for being empanelled for jobs<\/p>\n<p>in different categories.               Learned counsel urged that<\/p>\n<p>60     workmen     were     found     to     be    unfit    for     regular<br \/>\n<span class=\"hidden_text\">                                         8<\/span><\/p>\n<p>employment.         He also submitted that out of the 77<\/p>\n<p>workmen found to be eligible, 58 workmen had been<\/p>\n<p>given appointment while 19 workmen were kept on a<\/p>\n<p>panel    and      were   still    left       to   be   absorbed    against<\/p>\n<p>regular vacancies.               He urged that having regard to<\/p>\n<p>the complexity of the matter, serious thought had been<\/p>\n<p>given as to how the controversy could be resolved.<\/p>\n<p>Mr. Ramachandran submitted that one of the proposed<\/p>\n<p>methods      to    resolve       the   issue       was   to    offer        a<\/p>\n<p>settlement package to the 19 workmen, who were yet to<\/p>\n<p>be    absorbed     against   regular          vacancies,      in   lieu    of<\/p>\n<p>absorption, and to permit appointment of dependents of<\/p>\n<p>deceased employees on compassionate grounds.                              The<\/p>\n<p>compensation package         is as follows :-<\/p>\n<blockquote><p>                             &#8220;COMPENSATION PACKAGE\n<\/p><\/blockquote>\n<blockquote><p>        1.     Amount equivalent to two month&#8217;s wages for<br \/>\n               each completed year of service in ONGC or<br \/>\n               amount equivalent to wages of left over<br \/>\n               period upto 60 years of age, whichever is<br \/>\n               less.\n<\/p><\/blockquote>\n<blockquote><p>        2.     Provident Fund.\n<\/p><\/blockquote>\n<blockquote><p>        3.     Amount of wages for balance period of leave<br \/>\n               at credit.&#8221;\n<\/p><\/blockquote>\n<p>10.    Mr. Ramchandran submitted that on account of the<\/p>\n<p>ban imposed by this Court on recruitment before the<\/p>\n<p>153 employees could be absorbed, no fresh appointments<br \/>\n<span class=\"hidden_text\">                                        9<\/span><\/p>\n<p>could     be   given     in     the    category       of     compassionate<\/p>\n<p>appointment,         which     has    created     growing         resentment<\/p>\n<p>among other categories of workmen who were waiting for<\/p>\n<p>appointment in similar posts.\n<\/p>\n<\/p>\n<p>11.     The relief prayed for by the O.N.G.C. for leave<\/p>\n<p>to    offer     the     compensation        package          in    lieu       of<\/p>\n<p>appointment was opposed on behalf of the said workmen,<\/p>\n<p>as also the prayer made for leave to appoint persons<\/p>\n<p>from the compassionate appointment category without<\/p>\n<p>absorbing      all     the     workmen,     who       were     yet      to    be<\/p>\n<p>absorbed.\n<\/p>\n<\/p>\n<p>12.   Mr.      Ranjit        Kumar,    learned        Senior       Advocate,<\/p>\n<p>appearing      for     the    Sangh,   submitted       that       the    order<\/p>\n<p>passed by this Court on 20.11.2006, and subsequently<\/p>\n<p>clarified on 8.2.2008 was very clear and unambiguous.<\/p>\n<p>Learned counsel submitted that the rights of the 153<\/p>\n<p>workmen        identified         before        the        Tribunal          had<\/p>\n<p>crystallized in the order of the Tribunal, which was<\/p>\n<p>subsequently upheld by this Court and till such time<\/p>\n<p>as they were absorbed, no fresh appointments could be<\/p>\n<p>given   from     any    other    category,       notwithstanding             the<br \/>\n<span class=\"hidden_text\">                                        10<\/span><\/p>\n<p>fact that there were other candidates waiting to be<\/p>\n<p>appointed on compassionate grounds.                         Mr. Ranjit Kumar<\/p>\n<p>also     submitted       that     as   far       as     Mr.        Ramchandran&#8217;s<\/p>\n<p>contention that 60 workmen were found to be ineligible<\/p>\n<p>for appointment,                the same could not be accepted<\/p>\n<p>having      regard   to     the     fact     that      the     Award        of   the<\/p>\n<p>Tribunal and the order passed by this Court clearly<\/p>\n<p>indicated that the Reference was to be restricted to<\/p>\n<p>the workmen, whose names appeared in the schedule to<\/p>\n<p>the affidavit,           which was ultimately identified as far<\/p>\n<p>as    153   workmen       are     concerned.            Mr.        Ranjit    Kumar<\/p>\n<p>pointed out that ONGC was directed that as and when<\/p>\n<p>vacancies to the regular posts arose, they would be<\/p>\n<p>required to consider the names of those workmen in the<\/p>\n<p>same descending order in which they were mentioned in<\/p>\n<p>the    schedule      and     that      they      would        be     regularized<\/p>\n<p>provided          they     satisfied       the      specific         prescribed<\/p>\n<p>educational       qualifications.             It      was     also    indicated<\/p>\n<p>that for each 240 days work in a year put in by each<\/p>\n<p>workmen, ONGC would give such workmen, age relaxation<\/p>\n<p>of one year.               Mr. Ranjit Kumar submitted that on<\/p>\n<p>account      of    the      ban     imposed        by       this      Court      on<br \/>\n<span class=\"hidden_text\">                                            11<\/span><\/p>\n<p>recruitment before the 153 employees were absorbed, no<\/p>\n<p>fresh appointments could be given in the category of<\/p>\n<p>compassionate appointment, which has created growing<\/p>\n<p>resentment amongst other categories of workmen, who<\/p>\n<p>were also waiting for appointment for similar posts.<\/p>\n<p>13.   The relief brought for by the ONGC for leave to<\/p>\n<p>offer    the       compensation          package        in    lieu        of    the<\/p>\n<p>appointment was opposed on behalf of the said workmen,<\/p>\n<p>as also the prayer made for leave to appoint persons<\/p>\n<p>from the compassionate appointment category without<\/p>\n<p>absorbing        all     the     workmen,         who   were        yet    to    be<\/p>\n<p>absorbed.\n<\/p>\n<p>14.   Mr.        Ranjit       Kumar,        learned     Senior        advocate,<\/p>\n<p>appearing        for    the     Sangh,      submitted        that    the       order<\/p>\n<p>passed      by    this    Court        on    20th     November,       2006      and<\/p>\n<p>subsequently, clarified on 08\/02\/2008, was very clear<\/p>\n<p>and unambiguous.              Learned counsel submitted that the<\/p>\n<p>rights      of    the     153    workmen          identified        before      the<\/p>\n<p>Tribunal         had    crystallised             in   the    order        of    the<\/p>\n<p>Tribunal, which was subsequently upheld by this Court<\/p>\n<p>and till such            time as they were absorbed, no fresh<\/p>\n<p>appointments could be given from any other category,<br \/>\n<span class=\"hidden_text\">                                       12<\/span><\/p>\n<p>notwithstanding         the     fact     that       there     were        other<\/p>\n<p>candidates waiting to be appointed on compassionate<\/p>\n<p>grounds.        Mr. Ranjit Kumar also submitted that as far<\/p>\n<p>as Mr. Ramachandran&#8217;s contention that 60 workmen who<\/p>\n<p>were   found      to    be    ineligible      for     appointment          were<\/p>\n<p>concerned,        the same could not be accepted having<\/p>\n<p>regard to the fact that the Award of the Tribunal and<\/p>\n<p>the order passed by this Court clearly indicated that<\/p>\n<p>the Reference was to be restricted to the workmen<\/p>\n<p>whose names appeared in the schedule to the affidavit<\/p>\n<p>comprising       153    workmen.            Mr.     Ranjit    Kumar       also<\/p>\n<p>referred to paragraph 16 of our judgment dated 20th<\/p>\n<p>November, 2006, wherein we had categorically indicated<\/p>\n<p>that till such time as 153 workmen were not absorbed<\/p>\n<p>against     the     regular      categories          in     the   category<\/p>\n<p>concerned, no recruitment from outside would be made<\/p>\n<p>by the appellant.\n<\/p>\n<p>15.    Mr. Ranjit Kumar urged that the submission now<\/p>\n<p>being made on behalf of the ONGC runs counter to the<\/p>\n<p>directions contained in the Award of the Tribunal, as<\/p>\n<p>upheld     by    this    Court     and       also     contrary       to    the<\/p>\n<p>directions given by this Court in support thereof.<br \/>\n<span class=\"hidden_text\">                                         13<\/span><\/p>\n<p>16.    From the order dated 20th November, 2006, it is<\/p>\n<p>quiet obvious that the intention of this Court was<\/p>\n<p>that   till      such    time     as    the    153    workmen,     who     were<\/p>\n<p>identified after the Award of the Tribunal were not<\/p>\n<p>absorbed against regular vacancies in the concerned<\/p>\n<p>category, no recruitment from outside could be made by<\/p>\n<p>the    applicant        ONGC    in     the    same    or   similar    posts.<\/p>\n<p>Similar provision was also made with regard to the<\/p>\n<p>workmen, who were to be employed on a seasonal basis.<\/p>\n<p>However,      we    must        also    record       Mr.   Ramachandran&#8217;s<\/p>\n<p>submissions at this stage that out of the 153 persons<\/p>\n<p>whose names were available, 15 persons were found to<\/p>\n<p>be not eligible for consideration, leaving 138 persons<\/p>\n<p>who were eligible for consideration in terms of the<\/p>\n<p>Award of the learned Tribunal and the judgment of this<\/p>\n<p>Court.\n<\/p>\n<p>17.     Accordingly,            at     least    the    case   of     the    138<\/p>\n<p>workmen, who had, in fact, been found to be eligible<\/p>\n<p>for appointment had to be considered.<\/p>\n<p> 18.     However,        the    picture,       as     portrayed      by    Mr.<\/p>\n<p> Ramchandran, is not as grave as has been made out by<\/p>\n<p> him     since     all    the    persons       concerned,     namely,       the<br \/>\n<span class=\"hidden_text\">                                      14<\/span><\/p>\n<p>candidates, who are yet to be absorbed in regular<\/p>\n<p>vacancies      in   terms      of    the      Tribunal&#8217;s     order,      as<\/p>\n<p>upheld    by    this    Court   on     20th    November,     2006,      and<\/p>\n<p>those    waiting       for   compassionate         appointment,        have<\/p>\n<p>been provided with employment, as contingent staff.<\/p>\n<p>There should not have been any difficulty for the<\/p>\n<p>ONGC to implement the Tribunal&#8217;s Award in respect of<\/p>\n<p>the 137 workmen, who were found eligible by ONGC<\/p>\n<p>within the period of two years after the passing of<\/p>\n<p>the Award.          Apart from the orders passed by the<\/p>\n<p>Tribunal    and     this     Court,    equity      demands      that    the<\/p>\n<p>workmen who have been in continuous employment as<\/p>\n<p>contingent workmen from 1992, should be considered<\/p>\n<p>first for regularisation before those, who come in<\/p>\n<p>at a later stage.\n<\/p>\n<p>19.       At this juncture, we may also refer to the<\/p>\n<p>submission which had been made on behalf of one of<\/p>\n<p>the     intervenors from the compassionate appointment<\/p>\n<p>category that there were large number of vacancies<\/p>\n<p>available in which all could be accommodated.                          Mr.<\/p>\n<p>Ramachandran has denied such submission and in the<\/p>\n<p>affidavit      filed    with    regard        to   the   copy    of    the<br \/>\n<span class=\"hidden_text\">                                      15<\/span><\/p>\n<p>Minutes of the 71st meeting of the Joint Committee, it<\/p>\n<p>has been pointed out that the number of vacancies<\/p>\n<p>indicated        represented          vacancies       in      various<\/p>\n<p>departments and particularly of a technical nature<\/p>\n<p>and did not necessarily include the vacancies against<\/p>\n<p>which appointments were to be made as far as the<\/p>\n<p>concerned   workmen      and    the    compassionate       appointees<\/p>\n<p>were concerned.\n<\/p>\n<\/p>\n<p>20.   From the order dated 20.11.2006 it was clearly<\/p>\n<p>the intention of this Court that till such time as the<\/p>\n<p>153    workmen    were    not     absorbed         against    regular<\/p>\n<p>vacancies in the concerned category, no recruitment<\/p>\n<p>could be made by the applicant.             Similar provision was<\/p>\n<p>also made with regard to the workmen who were employed<\/p>\n<p>on seasonal basis.\n<\/p>\n<\/p>\n<p> 21.    Having    considered      the       submissions      made    on<\/p>\n<p> behalf of the O.N.G.C. and the Mazdoor Sangh, we are<\/p>\n<p> not inclined to grant the prayer made on behalf of<\/p>\n<p> the O.N.G.C. for leave to appoint candidates from<\/p>\n<p> the    compassionate     category         group   before    all    the<br \/>\n<span class=\"hidden_text\">                             16<\/span><\/p>\n<p>workmen who were identified after the Award of the<\/p>\n<p>Tribunal    to    be   eligible     for    appointment,   are<\/p>\n<p>absorbed, as that would not only go against the<\/p>\n<p>order passed by us on 20th November, 2006, but would<\/p>\n<p>also amount to modifying the same.\n<\/p>\n<p> 22.        While rejecting the prayer made on behalf<\/p>\n<p> of the ONGC, we, however, make it clear that such<\/p>\n<p> rejection would not prevent the ONGC from offering<\/p>\n<p> the compensation package either to those workmen<\/p>\n<p> from amongst the 137 workmen, who are yet to be<\/p>\n<p> absorbed    or   those   waiting    for   appointment    from<\/p>\n<p> the compassionate appointment category.             If such<\/p>\n<p> package is accepted by any of those candidates,<\/p>\n<p> both the ONGC as well as such candidate will be at<\/p>\n<p> liberty to act on the basis of such acceptance and<\/p>\n<p> shall not be fettered in any way by the directions<\/p>\n<p> given either by the Tribunal or this Court on 29th<\/p>\n<p> November, 2006.\n<\/p>\n<\/p>\n<p> 23.   This order shall dispose of I.A. Nos.11 and<\/p>\n<p> 12 of 2009, but we also make it clear that we are<\/p>\n<p> not passing any orders in terms of prayer (b) of<br \/>\n<span class=\"hidden_text\">                         17<\/span><\/p>\n<p>   I.A. No.12 of 2009.\n<\/p>\n<\/p>\n<p>                                &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;J.\n<\/p>\n<p>                                         (ALTAMAS KABIR)<\/p>\n<p>                              &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;J.\n<\/p>\n<p>                                         (CYRIAC JOSEPH)<br \/>\nNew Delhi<br \/>\nSeptember 17, 2009.\n<\/p>\n<p><span class=\"hidden_text\">                               18<\/span><\/p>\n<p>            IN THE SUPREME COURT OF INDIA<\/p>\n<p>            CIVIL APPELLATE JURISDICTION<br \/>\n              I.A. NOS. 11 AND 12 OF 2009<br \/>\n                           IN<br \/>\n             CIVIL APPEAL NO.6607 OF 2005<\/p>\n<p>O.N.G.C. Ltd.                                           &#8230; Appellants<\/p>\n<p>      Vs.\n<\/p>\n<p>\nEngineering Mazdoor Sangh                            &#8230; Respondent<\/p>\n<p>                       O R D E R<\/p>\n<p>ALTAMAS KABIR, J.\n<\/p>\n<p>       In   the   reportable    order     dated               17\/09\/2009,<\/p>\n<p>  paragraphs 13 and 14 stand deleted and paragraph<\/p>\n<p>  Nos.15 to 23 are re-numbered as paragraph Nos. 13<\/p>\n<p>  to 21.\n<\/p>\n<p>       The Registry is directed to issue Corrigendum<\/p>\n<p>  accordingly.\n<\/p>\n<\/p>\n<p>                                          &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;J.\n<\/p>\n<p>                                                   (ALTAMAS KABIR)<\/p>\n<p>                                        &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;J.\n<\/p>\n<p>                                                   (CYRIAC JOSEPH)<br \/>\n<span class=\"hidden_text\">                      19<\/span><\/p>\n<p>New Delhi<br \/>\n            November 13, 2009.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India O.N.G.C. Ltd vs Engineering Mazdoor Sangh on 17 September, 2009 Author: A Kabir Bench: Altamas Kabir, Cyriac Joseph 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. NOS. 11 AND 12 OF 2009 IN CIVIL APPEAL NO.6607 OF 2005 O.N.G.C. Ltd. &#8230; Appellants Vs. Engineering Mazdoor Sangh &#8230; Respondent [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-51193","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>O.N.G.C. 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