Gujarat High Court
O.N.G.C. Adminitrative And Technical ... vs Ongc Ltd on 7 December, 2023
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/LPA/1058/2023 ORDER DATED: 07/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1058 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 4698 of 2015
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O.N.G.C. ADMINITRATIVE AND TECHNICAL CONTRACT WORKERS
ASSOCIATION
Versus
ONGC LTD
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Appearance:
MR K R MISHRA(6312) for the Appellant(s) No. 1
PRABHATSINH J PARMAR(7996) for the Appellant(s) No. 1
for the Respondent(s) No. 2,3
AISHWARYA REDDY WITH YASH MODI FOR GUPTA LAW
ASSOCIATES(9818) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 07/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned advocate Mr. K. R. Mishra for the appellant.
2. The challenge in this Letters Patent Appeal is addressed to
judgment and order dated 19.7.2022 of learned single Judge in group of
petitions, in so far as it related to Special Civil Application No. 4698 of
2015.
3. What the learned single Judge considered was order of the Central
Government Industrial Tribunal-cum-Labour Court, Ahmedabad dated
2.12.2014 below Exh. 55 application in the pending Reference (CGITA)
NEUTRAL CITATION
C/LPA/1058/2023 ORDER DATED: 07/12/2023
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No. 211 of 2004.
4. By filling application Exh. 55, the appellant-Union herein wanted
the benefits of pay revision, which appears to have been agreed upon as
per the settlement previously entered into by the ONGC and other
contract workers' Union. CGIT-cum-Labour Court dismissed the said
application Exh. 55 for the reasons stated in the order.
5. This Court is not inclined to entertain the Letters Patent Appeal for
two reasons. Firstly, the order below Exh. 55 application, which became
subject matter of petition before learned single Judge and subject matter
of instant Letters Patent Appeal, was an interim order. The main
Reference proceedings are pending before the CGIT-cum-Labour Court.
Neither party could dispute that the prayer made in application Exh. 55
by the appellant-Union could be urged and could be considered on merits
while considering the relief in the main pending Rreference proceedings.
At the interim stage, no rights are crystelised. The court would not
incline to exercise Letters Patent jurisdiction.
6. It is, however, clarified that the reasons supplied by the CGIT-cum
Labour Court while dismissing the Exh. 55 application shall remain of
interim nature only and shall not bind the CGIT-cum-Labour Court while
deciding the main Reference, including while considering the prayer of
petitioner-Union for grant of benefit of pay revision etc..
6.1 This Court also takes notice that in para 13 of the impugned order,
learned single Judge has observed "framing of the settlement and entering
of settlement by Contract Employees through their Union, cannot be
termed to be an exploitative practice to frustrate the Reference itself."
The same is reiterated.
NEUTRAL CITATION
C/LPA/1058/2023 ORDER DATED: 07/12/2023
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7. The Letters Patent Appeal is not entertained subject to above
observations.
Since the main Reference is of the year 1999, the Central
Government Industrial Tribunal-cum-Labour Court shall endevour to
dispose of the same preferably within eight months.
(N.V.ANJARIA, J)
(CHEEKATI MANAVENDRANATH ROY, J)
C.M. JOSHI
