After 25 years of litigation, the Supreme Court has dismissed the appeal of ONGC Ltd in its fight with the Petroleum Coal Labour Union. The court directed the public sector undertaking to implement the order of the industrial tribunal passed in 1999 regularizing temporary workers. The court found that they were working for several years and were therefore its workers under the standing orders of the company and industrial laws.
Apart from regularization in their posts, the court also asked the PSU to pay them back wages, monetary benefits including terminal benefits on the basis of periodical revision of pay scales. All this should be done in two months, or else nine per cent interest shall be paid. The court also wanted a compliance report from ONGC after two months.
Copy of Supreme Court order: http://judis.nic.in/supremecourt/img...filename=42616
From India, Malappuram
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1446Apart from regularization in their posts, the court also asked the PSU to pay them back wages, monetary benefits including terminal benefits on the basis of periodical revision of pay scales. All this should be done in two months, or else nine per cent interest shall be paid. The court also wanted a compliance report from ONGC after two months.
Copy of Supreme Court order: http://judis.nic.in/supremecourt/img...filename=42616
From India, Malappuram
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How many resources did ONGC waste in the 25 years by denying justice to its own workers must be investigated. This may not be an exception, in fact. Every case that reaches the Supreme Court on flimsy grounds may just be a reflection of the "litigation industry" underneath. Big lawyers are engaged to fight cases across, let's say, from Chennai to New Delhi, and legal officers may have been shuttling between these places for the last 25 years. Unions also benefit from litigation because it is a lucrative business and a means to exploit the poor workers. There must be detailed inquiries into the merits by which the litigations are being pursued up to the Supreme Court.
From India, Vadodara
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From India, Vadodara
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Government and departments under them routinely fight long-drawn battles in court. Big shot lawyers are beneficiaries in such legal battles. The long fight ensures that those big lawyers receive big amounts of fees even when routine dates are being given by Honorable courts.
The end result of the litigation industry is that justice gets denied to litigants who obviously cannot match the deep pockets of the government (Tax Payers' money).
The same thing happened in the Defense Ministry - they fought for decades against the implementation of the Maj. Dhnaplan case concerning the wrong fixation of rank pay (exclusion of rank pay in pay fixation) and now, over the last year, have paid the entitled beneficiaries. Had they done it in time, the servicemen would have been happy. There is a similar attitudinal problem regarding OROP.
Hiring and keeping labor on temporary or casual status for a long time and treating them with all strictness, while closing eyes to overtime payments being made to permanent employees regardless of whether they work or not, shows an inability to be financially prudent or the ability to maintain discipline.
All of us have read recent articles wherein FCI some workers earn up to Rs. 4L per month, and these workers even hire their labor for lifting food grain sacks.
OT being paid to drivers, select peons, and watchmen in many PSUs would give you an indication of how favored unionized workmen are treated.
The government should keep a committee to review all court cases and withdraw cases that do not have any larger principle of law.
Litigation should be the last resort.
From India, Pune
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The end result of the litigation industry is that justice gets denied to litigants who obviously cannot match the deep pockets of the government (Tax Payers' money).
The same thing happened in the Defense Ministry - they fought for decades against the implementation of the Maj. Dhnaplan case concerning the wrong fixation of rank pay (exclusion of rank pay in pay fixation) and now, over the last year, have paid the entitled beneficiaries. Had they done it in time, the servicemen would have been happy. There is a similar attitudinal problem regarding OROP.
Hiring and keeping labor on temporary or casual status for a long time and treating them with all strictness, while closing eyes to overtime payments being made to permanent employees regardless of whether they work or not, shows an inability to be financially prudent or the ability to maintain discipline.
All of us have read recent articles wherein FCI some workers earn up to Rs. 4L per month, and these workers even hire their labor for lifting food grain sacks.
OT being paid to drivers, select peons, and watchmen in many PSUs would give you an indication of how favored unionized workmen are treated.
The government should keep a committee to review all court cases and withdraw cases that do not have any larger principle of law.
Litigation should be the last resort.
From India, Pune
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After a certain stage, it becomes more of an ego problem. Instead of wasting money, time, and resources over 25 years and considering the total expenditure including incidental expenses like copying documents, traveling, stay, TA, DA, etc., the SC has quashed the case. To whose benefit? Whose ego problem is being solved? Instead, they could have implemented measures to earn the goodwill of the people. It is ultimately a waste of public money. Similarly, hundreds of cases might be ongoing in various courts at different stages. The government should wake up and assess whether it is worth fighting frivolous cases!
From India, Bengaluru
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From India, Bengaluru
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Dear Sir,
I am also a contract workman in a reputed Navratna oil company for more than 10 years, receiving skilled wages as well as PF and ESIC benefits from various contractors over time. Can I apply to HQO with the assistance of this experience to secure a permanent position at their level, or do I need to wait and observe for potential openings in future recruitment rounds?
Regards,
Jitendra
From India
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I am also a contract workman in a reputed Navratna oil company for more than 10 years, receiving skilled wages as well as PF and ESIC benefits from various contractors over time. Can I apply to HQO with the assistance of this experience to secure a permanent position at their level, or do I need to wait and observe for potential openings in future recruitment rounds?
Regards,
Jitendra
From India
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