Page No.# 1/14 vs The Numaligarh Refinery Ltd. And 3 Ors
2025 Latest Caselaw 8520 Gua

Gauhati High Court

Page No.# 1/14 vs The Numaligarh Refinery Ltd. And 3 Ors on 13 November, 2025

                                                                Page No.# 1/14

GAHC010008092016




                                                           2025:GAU-AS:15382

                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/688/2016

         DEBENDRA SAIKIA and 4 ORS
         S/O- LT. DURGARAM SAIKIA, R/O- BOKAKHAT, DIST.- GOLAGHAT, ASSAM.

         2: GAUTAM PHUKAN
          S/O- LT. KAMALESWAR PHUKAN
          R/O- ARNA- 06
          NRL TOWNSHIP
          P.O.- N.R. COMPLEX
          PIN- 785699.

         3: PRANAB KUMAR GOHAIN
          S/O- SHRI PRAMOD CHANDRA GOHAIN
          R/O- ARNA- 04
          NRL TOWNSHIP
          P.O.- N.R. COMPLEX
          PIN- 785699.

         4: MANOJ KUMAR DEORI
          S/O- LT. NILAMONI DEORI
          R/O- ARNA- 02
          NRL TOWNSHIP
          P.O.- N.R. COMPLEX
          PIN- 785699.

         5: MOBIDUR RAHMAN
          S/O- LT. MOTIUR RAHMAN
          R/O- ARNA-07
          NRL TOWNSHIP
          P.O.- N.R. COMPLEX
          PIN- 785699

         VERSUS

         THE NUMALIGARH REFINERY LTD. and 3 ORS.
                                                                            Page No.# 2/14

           REP. BY ITS MANAGING DIRECTOR, HAVING ITS REGISTERED OFFICE AT
           122 A, G.S. ROAD, CHRISTIAN BASTI, GUWAHATI, PIN- 781005, KAMRUP M,
           ASSAM.

           2:THE MANAGING DIRECTOR
            NUMALIGARH REFINERY LTD.
            HAVING ITS REGISTERED OFFICE AT 122 A
            G.S. ROAD
            CHRISTIAN BASTI
            GUWAHATI
            PIN- 781005
            KAMRUP M
           ASSAM.

           3:THE GENERAL MANAGER HR
            NUMALIGARH REFINERY LTD.
            NRL TOWNSHIP
            P.O.- N.R. COMPLEX
            PIN- 785699.

           4:THE UNION OF INDIA
            REP. BY THE SECY. TO THE GOVT. OF INDIA
            MINISTRY OF PETROLEUM AND NATURAL GAS
            GOVT. OF INDIA
            NEW DELHI

Advocate for the Petitioner : MS.K BARPUJARI, MR.S NEOG,MR.U SAIKIA,MR.K
OJHA,MR.P P BORTHAKUR,MR.A BORAH,MR. A CHAMUAH

Advocate for the Respondent : MR.U K NAIR R-3, MR. A DHAR (R-1,2,3),ASSTT.S.G.I.,MS.A
VERMA(R-3),MS U DAS(R-3)
                                                                       Page No.# 3/14

                                 :::BEFORE:::
                 HON'BLE MR. JUSTICE KARDAK ETE

                              JUDGMENT (ORAL)

13.11.2025

Heard Mr. A. Chamuah, learned counsel for the petitioner. Also heard Mr. A. Dhar, learned Standing Counsel, NRL for the respondents No. 1, 2 and 3. None appears for the respondent No. 4.

2. By instituting the present writ petition, the petitioners have prayed for a direction to the respondent authorities to place the their services in Grade-VI at the entry level and to revise their pay from the date of their entry considering the prevalent service conditions and, upon such revision of pay, they may be provided with consequential benefits including the arrear salary, revised pay etc.

3. The case of the petitioners, in nutshell, is that they are the first batch of employees appointed as Firemen pursuant to an advertisement published in the month of July, 1998 in the Numaligarh Refinery Limited (NRL). The said advertisement issued by the NRL was for filling up of various posts including the post of Firemen, providing, inter alia, that pay scale, perks and benefits etc. would be similar as prevailing in the Industry within the region.

4. It is the contention of the petitioners that as per the said advertisement, they were entitled to pay scale, perks and other benefits similar to those extended to employees of other Oil Sector Industries in the North Eastern Page No.# 4/14

Region. However, they were wrongly appointed in Grade-III instead of Grade-VI at the entry level. Initially, the NRL did not have an appropriate promotion policy governing the service conditions of its employees. However, after several rounds of discussion over the years between Management and the employees regarding promotion, the NRL granted promotions to its employees (non-management staff) for the first time in the year 2004. The petitioners were thereafter promoted to the post of Grade-IV.

5. It is contended that the petitioners, being the first batch of Firemen appointed in NRL, were not aware about the grades of other similar situated employees of other Oil Industries in the North East Region. Subsequently, the NRL Management signed a Memorandum of Understanding on 12.01.2007, whereby a promotion policy and other criteria were formulated providing special provisions for employees recruited prior to that date. In pursuance thereof, the petitioners were promoted/ upgraded in the grade and pay scale; however, such upgradation was not in conformity with the benefits extended to similarly situated employees either within NRL itself or in other refineries.

6. The petitioners contend that they are presently working as Technical Assistant after re-designation of their posts, but they have not been afforded any opportunity to compete for Officer-level rank as they have not been appointed in the Grade-VI at their entry level. It is further contended that as per the advertisement, the petitioners were supposed to be provided salary, perquisites and other admissible allowances at par with the similarly situated employees of the other Oil Industries in the North Eastern Region; however, the same has not been extended to them. Accordingly, they seek parity in pay scale, Page No.# 5/14

perks and other service benefits with such employees by providing Grade-VI in the entry level.

7. Mr. A. Chamuah, learned counsel for the petitioners, while referring to the various documents pertaining to other Oil Industries, such as the Oil India Corporation (IOC) Ltd. wherein certain benefits like providing Grade-IV to the Fire Fighting Operators at the entry level with time scale progression and promotional avenues at the appropriate time, submits that the NRL has meted out serious discrimination with the petitioners for giving their appointment in Grade-III in the entry level. He submits that the petitioners have been unfairly treated not only in comparison with similarly situated employees of other Oil Industries in the North Eastern Region, but also within NRL itself, as on one hand they offered Grade-VI to its Process Operator and Clerk Typist, while appointing the petitioners as Firemen Grade-III in the entry level. He submits that due to such disparity, the petitioners' have been deprived of several perks, amenities and endowments which they deserve from their initial date of their appointment and had the petitioners been appointed in Grade-VI at the entry level, they would by now have attained Officer-level position in the organization.

8. Mr. Chamuah, learned counsel, further submits that the petitioners are suffering serious prejudice inasmuch as 15 (fifteen) numbers of their junior employees in the same cadre are now at par with them and enjoying the same perks and benefits and on the other hand, the carrier progression of the petitioners have reached the stagnation. He submits that although during the period of the petitioners employment they have been upgraded belatedly, essentially the petitioners seek to compensate for the damages caused to their Page No.# 6/14

service carriers due to their appointment in a lower entry grade of their post and, therefore, prays for a direction to revise their pay and grade to Grade-VI at the entry level, in line with the scales provided in other Oil Sector Industries in the North Eastern Region.

9. On the other hand, Mr. A. Dhar, learned Standing Counsel, NRL, submits that the petitioners were initially recruited as Firemen in Grade-III in the year 1998 and are presently holding the post of Fireman Grade-IV. He submits that under the provisions of the Industrial Disputes Act, 1947, the Fireman falls under the definition of "workman", and therefore, any disputes between the employer and employee pertaining to service conditions or pay scales is required to be referred to Industrial Dispute Tribunal or Labour Court through reference from the Labour Commissioner. Therefore, the present writ petition is not maintainable inasmuch as the issues raised essentially pertain to service conditions and grievances relating to non-appointment in a higher grade at the entry level.

10. He submits that the conditions provided in the advertisement that pay scale, perks and benefits etc. would be similar as that is prevailing in the industry within the region is clear enough to convey the message that pay, perks and benefits etc will be similar to the pay scale, perks and benefits as prevailing in the same industries of the North Eastern Region and it does not state that the pay, perks and benefits will be same as prevailing in the same industries of the North Eastern Region. Therefore, the claim of the petitioner based upon such assumption is misconceived. He submits that there are total 9 grades, i.e. Grade- I to IX, as the workmen Grade-IX was added in the hierarchy Page No.# 7/14

of grades in the year 2015 based on an MOU by increasing the number of grades from VIII to IX and the Grade-IX is the highest in hierarchy. As per the advertisement for recruitment of fireman in the year 1998, the Grades to which the selected candidates would be placed was not mentioned and therefore, the contention of the petitioner that they should have been provided Grade-VI is not based on facts and records. The various Memorandum of Understanding from 2003 to 2015, inter alia, provides that an employee who joins NRL prior to 12.01.2007 becomes eligible for promotion after completing 4 (four) years in the grades subject to fulfillment of other eligibility criteria. The petitioners have been promoted/upgraded from time to time in terms of the Memorandum of Understanding which they have accepted. The petitioners were appointed to Grade-III as per the organizational requirement and in terms of the advertisement. Therefore, it would not be correct on the part of the petitioners to expect or demand appointment in Grade-VI at their entry level.

11. Mr. A. Dhar, learned Standing Counsel, while reiterating the maintainability of the writ petition, submits that the issues projected in the present petition are industrial disputes which relates to the workmen whereby a settlement has already been entered into in the year 2004 as the petitioners, who were recruited as Firemen, falls under the definition of "workmen" and the disputes related to the employer and employee were referred to Industrial Tribunal/Labour Court through reference from the Labour Commissioner. Therefore, the issue which relates to workmen and falls under the Industrial Disputes Act, 1947, cannot be raised by filing the writ petition.

12. He submits that the General Secretary, Numaligarh Refinery Employees Page No.# 8/14

Union made a representation before the Regional Labour Commissioner (Central) at Guwahati on 05.07.2004, inter alia, the grievances of the 6 (six) numbers of Firemen recruited in the year 1998. Accordingly, a Memorandum of Settlement dated 16.07.2004 has been arrived at under Section 12(3) of Industrial Disputes Act, 1947 between the Management of the NRL and their Workmen represented by Numaligarh Refinery Employees' Union pursuant to the conciliation process held on 15 & 16 July, 2004 before the Regional Labour Commissioner (Central) at Guwahati. It has been clearly agreed that 6 (six) numbers of Firemen, who were recruited in the year 1998, shall be placed in Grade-IV w.e.f. 12.12.1999, i.e. the date on which the Union raised the dispute to the Management vide Letter dated 15.12.1999 with one increment of 4% of their basic pay from the said date and their seniority in Grade-IV would be reckoned w.e.f. 15.12.1999 for considering their promotion to the next Grade. The said settlement was arrived at by both the parties as full and final in respect of the disputes pertaining to the Grade of the Firemen in the presence of the Regional Labour Commissioner (Central), Guwahati, which has attained finality. The petitioners were the signatories to the settlement and therefore, they are debarred from raising the same issue which has been settled by the appropriate forum under the relevant law and as such, the writ petition is not maintainable.

13. I have considered the submissions of learned counsel for the parties and also perused the materials available on record.

14. Pursuant to the advertisement in the year 1998, on being selected, the petitioners were recruited as Firemen with Grade-III in the entry level in the Numaligarh Refinery Limited (NRL). The said advertisement, inter alia, provides Page No.# 9/14

that pay scale, perks and benefits etc. would be similar as that is prevailing in the Oil Industry within the region.

15. The grievance raised in the present proceedings by the petitioner is essentially, to provide revise Grade-VI to the petitioners from the entry level as provided in other Oil Industries in the North Eastern Region, although the ancillary grievance regarding pay scale, perks and other benefits have been raised.

16. On consideration, it is discernible that the petitioners have been appointed with a designation as Fireman Grade-III in the entry level pursuant to the advertisement in the year 1998, who appears to be the first batch recruited as Firemen in the NRL. The claim based on the conditions provided in the said advertisement particularly pay scale, perks and benefits etc. which would be similar as that is prevailing in the industry within the region would not mean, in my view, same pay scale, perks and benefits strictly with the other Oil Industry in the North Eastern Region, as it clearly conveys that pay, perks and benefits will be similar to the pay scale, perks and other benefits that is prevailing in the other Oil Industry of the North Eastern Region which cannot be construed that the pay, perks and benefits would be same as prevailing in the Oil Industry of the North Eastern Region. The petitioners without any objection accepted their appointments in the year 1998 when they were appointed with the designation of Fireman Grade-III. There is nothing on record to show that the petitioners would be provided with the higher grade of Grade-VI. It is also seen that now there are 9 (nine) grades based on a Memorandum of Understanding which has been increased the grades from VIII to IX and the Grade-IX is the highest in Page No.# 10/14

hierarchy.

17. The respondent/NRL has brought on record the terms of settlement between the Management of NRL and their Workmen represented by Numaligarh Refinery Employees Union under Section 12(3) of Industrial Disputes Act, 1947 before the Regional Labour Commissioner (Central),

Guwahati in the conciliation held on 15 th and 16th July, 2004, which is reproduced herein below:

"Short recital of the case.

1. General Secretary, NREU made a representation before the Regional Labour Commissioner (Central). Guwahati on 05-07-2004 stating that there is anomalies in the Grade of Firemen recruited with higher qualification in the year 1998 and 1999. Those Firemen who were recruited earlier have higher educational qualification in comparison to those Firemen recruited lateron as per conditions mentioned in the advertisement.

Union further, has mentioned in their representation that three Technicians, one Inst. Technician, and one Boiler Operator who were recruited have not been placed in appropriate grade and demanded that they should be placed in appropriate grade. Union further stated that the matter has been discussed but could not be resolved due to difference of opinion as such requested for intervention.

The matter involved in both the issues were discussed and suggestions /counter suggestions were given by both the parties to resolve the issue. After prolong discussion and suggestions made during the discussion and finally on intervention both the parties agreed to settle the issues on under mentioned terms of settlement.

Terms of Settlement

It is agreed that

(1). Six (6) Firemen who were recruited in the year 1998 shall be placed in Grade-IV (grade four) with effect from 15-12-99 le., the date of the union raised the dispute to the Management vide letter no. 09/EHR/NRL/99 dated 15-12-1999 Page No.# 11/14

with one increment of 4% of their basic pay from the said date and their seniority in Grade IV will be reckoned with effect from 15-12-1999 for consideration for next promotion within the ambit of the promotion policy to be finalised with the union in due course.

Names of the six firemen

Sri Kabir Kakoty

Sri Pranab Gohain

Sri Gautam Phukan

Sri Monoj Deori

Sri Debendra Saikia

Md. Mobidur Rahman

(2). It is agreed that Sri P. K. Roy, Boiler Operator, Grade-V, Sri Phukan Chandra Deka, Technician, Grade: VI; Sri Rajib Kr. Gogoi, Technician, Grade- VI, Sri Ratul Mahanta, Instrumentation Technician, Grade VII and Sri Jogendra Nath Kalita, Technician, Grade - VI will be entitled for one time dispensation as per the MOU dated 11th August, 2003.

3. It is agreed by both the parties that the settlement is full and final in respect of the dispute pertaining to Firemen, Technicians and Boiler Operators and shall not be quoted as precedence whatsoever at any stage of time in future.

Union expressed their sincere thanks to the Management and Regional Labour Commissioner (Central), Guwahati for settling the issues and assured full cooperation in maintaining healthy Industrial relations in the organisation."

18. Perusal of the above Memorandum of Settlement dated 16.07.2004 between the Management of NRL and Numaligarh Refineary Employees Union Page No.# 12/14

shows that the petitioners have represented the Union. The terms of settlement clearly reflects that 6 (six) Firemen, who were recruited in the year 1998, i.e. the petitioners herein, shall be placed in Grade-IV w.e.f. 15.12.1999, i.e. the date the Union raised the dispute to the Management with one increment of 4% of their basic pay from the said date and their seniority in Grade-IV will be reckoned with effect from 15.12.1999 for consideration for next promotion within the ambit of the promotion policy to be finalized with the Union in due course. It has been clearly agreed by both the parties that the settlement is full and final in respect of the dispute pertaining to Firemen etc. and shall not be quoted as precedence whatsoever at any stage of time in future.

19. The above Memorandum of Settlement dated 16.07.2004 has not been brought on record by the petitioners in this proceedings, although they were the signatories of the said settlement and representative of the Numaligarh Refinery Employees Union, which would amount to suppression of material facts. However, this Court refrains from commenting further.

20. There would not be any dispute that the petitioners, who have been recruited as Firemen, falls under the definition of "Workman" as contemplated under Industrial Disputes Act, 1947. Consequently, any dispute arising between the employer and the employees would be the subject matter of the Industrial Tribunal/Labour Court under the relevant provisions of law. Therefore, even assuming that the issues raised in the present writ petition constitute a live industrial dispute, the same would be amenable to adjudication only before the Industrial Tribunal or Labour Court upon a reference made by the Labour Commissioner, and not by way of a writ petition under Article 226 of the Constitution of India.

Page No.# 13/14

21. In fact, the Numaligarh Refinery Employees Union had submitted a representation before the Regional Labour Commissioner (Central) at Guwahati on 05.07.2004 raising the disputes, inter alia, with regard to the same grievance of the petitioners which are now sought to be agitated in this proceedings. Accordingly, as noted herein above, pursuant to such representation, the Memorandum of Settlement dated 16.07.2004 had been arrived at under Section 12(3) of the Industrial Disputes Act, 1947 between the Management of the NRL and their Workmen represented by the petitioners representing the

Employees Union subsequent to the conciliation process held on 15 th and 16th July, 2004 before the Regional Labour Commissioner (Central), Guwahati. The petitioners have agreed to the said settlement particularly that 6 (six) numbers of Firemen, who were recruited in the year 1998, shall be placed in Grade-IV with one increment of 4% of their basic pay from the said date and their seniority in Grade-IV shall be reckoned with effect from 15.12.1999 for consideration for promotion to the next Grade by way of a full and final settlement in respect of the same issue raised herein again by the petitioners.

22. The petitioners, having been parties to the said Memorandum of Settlement dated 16.07.2004, cannot now be permitted to reagitate the same issue by way of filing the present writ petition. Thus, the writ petition is found to be not maintainable on 2 (two) counts; firstly, even if there is a dispute, the same would lie before the appropriate forum under the Industrial Dispute Act, 1947, and secondly, the grievance raised in this petition has been settled by way of Memorandum of Settlement dated 16.07.2004 under the provision of Section 12(3) of the Industrial Disputes Act, 1947 between the parties pursuant to the Page No.# 14/14

conciliation process before the Regional Labour Commissioner (Central) at Guwahati.

23. For the foregoing reasons, I am of the considered view that this writ petition is not maintainable in both law and facts (merits). Accordingly, the writ petition stands dismissed. No order as to cost(s).

JUDGE

Comparing Assistant