Uttarakhand High Court
Oil And Natural Gas Corporation vs Dharam Singh Pundir And Another on 19 March, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No. 362 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Dharam Singh Pundir and another ....Respondents
With
Writ Petition (M/S) No. 363 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Rakhee Chhetri and another ....Respondents
Writ Petition (M/S) No. 364 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Indu Devi and another ....Respondents
Writ Petition (M/S) No. 365 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Jagdish Singh Gusain and another ....Respondents
Writ Petition (M/S) No. 366 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Moni Devi and another ....Respondents
2
Writ Petition (M/S) No. 367 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Ganga Singh Negi and another ....Respondents
Writ Petition (M/S) No. 368 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Hari Singh Rawat and another ....Respondents
Writ Petition (M/S) No. 369 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Gyan Chand and another ....Respondents
Writ Petition (M/S) No.370 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Surya Bahadur Gurung and another ....Respondents
Writ Petition (M/S) No. 371 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Inder Singh and another ....Respondents
Writ Petition (M/S) No. 372 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
3
Bhagwan Singh Bisht and another ....Respondents
Writ Petition (M/S) No. 373 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Rameshwari Devi and another ....Respondents
Writ Petition (M/S) No. 374 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Karan Singh Gurung and another ....Respondents
Writ Petition (M/S) No. 375 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Vijay Singh and another ....Respondents
Writ Petition (M/S) No. 376 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Kishore Singh and another ....Respondents
Writ Petition (M/S) No. 377 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Kalam Singh and another ....Respondents
Writ Petition (M/S) No. 378 of 2025
Oil and Natural Gas Corporation ...Petitioner
4
Versus
Darban Singh and another ....Respondents
Writ Petition (M/S) No. 379 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Vijay Kumar Ale and another ....Respondents
Writ Petition (M/S) No. 380 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Kundan Singh and another ....Respondents
Writ Petition (M/S) No. 381 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Ram Swaroop Ghildiyal and another ....Respondents
Writ Petition (M/S) No.382 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Vikram Singh Negi and another ....Respondents
Writ Petition (M/S) No.383 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Vimal Kishore and another ....Respondents
5
Writ Petition (M/S) No. 384 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Deepa Limbu and another ....Respondents
Writ Petition (M/S) No. 385 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Ashok Kumar Sharma and another ....Respondents
Writ Petition (M/S) No. 386 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Anand Singh and another ....Respondents
Writ Petition (M/S) No. 387 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Dirgh Lal and another ....Respondents
Writ Petition (M/S) No. 388 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Sant Bahadur Thapa and another ....Respondents
Writ Petition (M/S) No. 389 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
6
Rup Kumar Thapa and another ....Respondents
Writ Petition (M/S) No. 390 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Basant Kumar Thapa and another ....Respondents
Writ Petition (M/S) No. 391 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Bhagwan Singh Pradhan and another ....Respondents
Writ Petition (M/S) No. 392 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Savitri Rana and another ....Respondents
Writ Petition (M/S) No. 393 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Govind Singh and another ....Respondents
Writ Petition (M/S) No. 394 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Seema Gurung and another ....Respondents
Writ Petition (M/S) No. 395 of 2025
Oil and Natural Gas Corporation ...Petitioner
7
Versus
Savitri Devi and another ....Respondents
Writ Petition (M/S) No. 396 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Gammar Singh and another ....Respondents
Writ Petition (M/S) No. 397 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Rajesh Gurung and another ....Respondents
Writ Petition (M/S) No. 398 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Trilochan Joshi and another ....Respondents
Writ Petition (M/S) No. 399 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Parmil Kumar and another ....Respondents
Writ Petition (M/S) No. 400 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Gaje Singh Rawat and another ....Respondents
Writ Petition (M/S) No. 401 of 2025
8
Oil and Natural Gas Corporation ...Petitioner
Versus
Gopal Singh Thapa and another ....Respondents
Writ Petition (M/S) No. 402 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Basant Singh and another ....Respondents
Writ Petition (M/S) No. 403 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Mohan Singh Negi and another ....Respondents
Writ Petition (M/S) No. 404 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Om Prakash Khandka and another ....Respondents
Writ Petition (M/S) No. 405 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Mahender Kumar Shahi and another ....Respondents
Writ Petition (M/S) No. 406 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Dhirendra Prasad and another ....Respondents
9
Writ Petition (M/S) No.407 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Surendra Singh Rawat and another ....Respondents
Writ Petition (M/S) No. 408 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Mahabir Singh Chinwan and another ....Respondents
Writ Petition (M/S) No. 409 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Om Prakash Dhyani and another ....Respondents
Writ Petition (M/S) No. 410 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Bhagwan Singh Khattri and another ....Respondents
Writ Petition (M/S) No. 411 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Bahadur Singh Rana and another ....Respondents
10
Writ Petition (M/S) No. 412 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Anup Kumar Sawan and another ....Respondents
Writ Petition (M/S) No. 413 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Meena Thapa and another ....Respondents
Writ Petition (M/S) No. 414 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Gajpal Singh and another ....Respondents
Writ Petition (M/S) No. 415 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Prabhu Singh Thapa and another ....Respondents
Writ Petition (M/S) No. 416 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Munni Devi and another ....Respondents
11
Writ Petition (M/S) No. 417 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Anup Kumar Gurung and another ....Respondents
Writ Petition (M/S) No. 418 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Geeta and another ....Respondents
Writ Petition (M/S) No. 419 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Hemlal Bahadari and another ....Respondents
Writ Petition (M/S) No. 420 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Harikala Thapa and another ....Respondents
Writ Petition (M/S) No. 421 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Maya Ram and another ....Respondents
12
Writ Petition (M/S) No. 422 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Raj Bahadur and another ....Respondents
Writ Petition (M/S) No. 423 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Ravindra Prasad and another ....Respondents
Writ Petition (M/S) No. 424 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Gopal Singh Rawat and another ....Respondents
Writ Petition (M/S) No. 425 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Mahesh Kumar Gurung and another ....Respondents
Writ Petition (M/S) No. 426 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Nar Bahadur Gurung and another ....Respondents
Writ Petition (M/S) No. 427 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
13
Anand Kumar Gurung and another ....Respondents
Writ Petition (M/S) No. 428 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Sant Bir and another ....Respondents
Writ Petition (M/S) No. 429 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Jang Bahadur Thapa and another ....Respondents
Writ Petition (M/S) No. 430 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Bir Bahadur Rana and another ....Respondents
Writ Petition (M/S) No. 431 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Ramesh Chandra Tiwari and another ....Respondents
Writ Petition (M/S) No. 432 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Deepak Kumar Thapa and another ....Respondents
Writ Petition (M/S) No. 433 of 2025
Oil and Natural Gas Corporation ...Petitioner
14
Versus
Avtar Singh Negi and another ....Respondents
Writ Petition (M/S) No. 434 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Jiwan Kumar Gurung and another ....Respondents
Writ Petition (M/S) No. 435 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Surendra Singh Gautam and another ....Respondents
Writ Petition (M/S) No. 436 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Kesh Bahadur Khattri and another ....Respondents
Writ Petition (M/S) No. 437 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Sandhya Khattri and another ....Respondents
Writ Petition (M/S) No. 438 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Jang Bahadur Thapa and another ....Respondents
Writ Petition (M/S) No. 439 of 2025
15
Oil and Natural Gas Corporation ...Petitioner
Versus
Shyam Pratap Sen and another ....Respondents
Writ Petition (M/S) No. 440 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Satypal Rana and another ....Respondents
Writ Petition (M/S) No. 441 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Anil Kumar and another ....Respondents
Writ Petition (M/S) No. 442 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Rameshwari Uniyal and another ....Respondents
Writ Petition (M/S) No. 443 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Jaswant Singh and another ....Respondents
Writ Petition (M/S) No. 444 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Birender Singh Chhetri and another ....Respondents
16
Writ Petition (M/S) No. 445 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Jeet Bahadur and another ....Respondents
Writ Petition (M/S) No. 446 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Meena Gurung and another ....Respondents
Writ Petition (M/S) No. 447 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Lata and another ....Respondents
Writ Petition (M/S) No. 448 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Ramesh Singh Panwar and another ....Respondents
Writ Petition (M/S) No. 449 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Uttam Singh Thapa and another ....Respondents
Writ Petition (M/S) No. 450 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
17
Kamla Sharma and another ....Respondents
Writ Petition (M/S) No. 451 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Krishna Kumar Khandka and another ....Respondents
And
Writ Petition (M/S) No. 452 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Harka Maya Rai and another ....Respondents
Writ Petition (M/S) No. 453 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Man Bahadur Thapa and another ....Respondents
Writ Petition (M/S) No. 454 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Mohan Singh Chaudhari and another ....Respondents
Writ Petition (M/S) No. 455 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Sangram Singh Rawat and another ....Respondents
Writ Petition (M/S) No. 456 of 2025
18
Oil and Natural Gas Corporation ...Petitioner
Versus
Shyam Singh Thapa and another ....Respondents
Writ Petition (M/S) No. 457 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Gopal Singh Rana and another ....Respondents
Writ Petition (M/S) No. 458 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Madan Mohan and another ....Respondents
Writ Petition (M/S) No. 459 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Om Bahadur Rana and another ....Respondents
Writ Petition (M/S) No. 460 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Harish Chand Gurung and another ....Respondents
Writ Petition (M/S) No. 461 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Vishnu Prasad and another ....Respondents
19
Writ Petition (M/S) No. 462 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Meena Shahi and another ....Respondents
Writ Petition (M/S) No. 463 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Govind Kumar and another ....Respondents
Writ Petition (M/S) No. 464 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Kishori Lal Bhatt and another ....Respondents
Writ Petition (M/S) No. 465 of 2025
Oil and Natural Gas Corporation ...Petitioner
Versus
Arjun Sen and another ....Respondents
Present:
Mr. Piyush Garg, Advocate for the petitioner.
Mr. Neeraj Garg, Advocate for the UPNL.
JUDGMENT
Hon'ble Ravindra Maithani, J.(Oral)
Since common questions of law and facts are
involved in all these petitions, they are decided by this
common judgment.
2. The challenge in these petitions is made to the
final order dated 22.10.2024 passed under Section 7 (4) (c)
of the Payment of Gratuity Act, 1972 ("the Act") read with
11 (4) of the Payment of Gratuity (Central) Rules, 1972 by
the court of Assistant Labour Commissioner (Central),
Dehradun and Controlling Authority under the Act.
3. Heard learned counsel for the parties and
perused the record.
4. At the very outset, the Court wanted to know
from learned counsel for the petitioner as to how, the writ
petitions are maintainable in view of alternate efficacious
remedy in terms of Section 7 sub Section (7) of the Act?
5. Learned counsel for the petitioner would submit
that the controlling authority has wrongly interpreted the
definition of employer and termed the petitioner as principal
employer, which is beyond the jurisdiction of the controlling
authority. Therefore, the writ petitions are maintainable. He
would further submit that since the impugned order directs
the petitioner as the principal employer to pay the gratuity,
this order is without jurisdiction.
6. There are distinct aspects of the matter, namely,
(i) Order without jurisdiction; (ii) an order which is termed
wrong by a party. In para 56 of the impugned order, the
Controlling Authority has proceeded to decide as to who is
an employer, as per Section 2 (f) of the Act and in para (A),
it records as follows:-
"56. The crucial points in the claim before the
undersigned, to arrive at the conclusion as to
who is the employer as per Section 2 (f) of the
PG Act, 1972 are:- (A) There is continuation of
employment of employees in the establishment of
the ONGC before and after the term of the contract
of the UPNL. There was no termination of the
service of the employees. The contract of the service
is between the principal employer and the
contractor, the employees are not party to the said
contract. The employees are in continuous service
in the establishment of the ONGC through different
contractors."
7. In para (A) of the para 56 of the impugned order,
the impugned order refers the words "principal employer"
and the "contractor". But thereafter, the order examines the
contract and other factual aspects of the matter and in para
57 concludes as follows:-
"57. In view of facts mentioned above, judgments of
the Hon'ble Supreme Court of India and Hon'ble
High Courts, it is held that the ONGC has the
ultimate control over the affair of the
establishment in relation to these applicants.
The ONGC is meeting the criteria of employer
for the limited purpose of gratuity as per
section 2 (f) of the PG Act, 1972. The applicants
are entitled for the gratuity as per the
provisions of the Payment of Gratuity Act, 1972
and the ONGC is liable to pay the gratuity to the
applicant."
8. Sub Section (4) (a) (b) of Section 7 of the Act,
deals with disputes of gratuity. It reads as follows:-
"(4) (a) If there is any dispute as to the
amount of gratuity payable to an employee under
this Act or as to the admissibility of any claim of,
or in relation to, an employee for payment of
gratuity, or as to the person entitled to receive
the gratuity, the employer shall deposit with the
controlling authority such amount as he admits
to be payable by him as gratuity.
(b) Where there is a dispute with regard to
any matter or matters specified in clause (a), the
employer or employee or any other person raising
the dispute may make an application to the
controlling authority for deciding the dispute."
9. Any person aggrieved by an order under sub-
Section 4 may prefer an appeal. It is so given under Section
7 sub Section (7) of the Act, which reads as hereunder:-
"7. Determination of the amount of gratuity.-
(1).....................................................................................
(2)....................................................................................
(3).....................................................................................
(4).....................................................................................
(5).....................................................................................
(6).....................................................................................
(7) Any person aggrieved by an order under sub-section
(4), may, within sixty days from the date of the receipt of
the order, prefer an appeal to the appropriate Government
or such other authority as may be specified by the
appropriate Government in this behalf:
Provided that the appropriate Government or the
appellate authority, as the case may be, may, if it is
satisfied that the appellant was prevented by sufficient
cause from preferring the appeal within the said period of
sixty days, extend the said period by a further period of
sixty days.
Provided further that no appeal by an employer
shall be admitted unless at the time of preferring the
appeal, the appellant either produces a certificate of the
controlling authority to the effect that the appellant has
deposited with him an amount equal to the amount of
gratuity required to be deposited under sub-section (4), or
deposits with the appellate authority such amount."
10. In the impugned order, the controlling authority
has categorically held that "the ONGC is meeting the
criteria of employer for the limited purpose of gratuity
as per Section 2 (f) of the Act. The applicants are
entitled to gratuity as per the provisions of the Act".
This finding categorically establishes that, in fact, the
controlling authority has determined the relationship
between the employer and employee and held that the
petitioner is employer as per Section 2 (f) of the Act. This
order cannot be termed an order without jurisdiction. A
party may term it as a wrong finding. But then for that
purpose redressal can be had under Section 7 sub Section
(7) of the Act. There is an alternate efficacious remedy
available to the petitioner. Therefore, instant writ petitions
may not be entertained. Accordingly, the instant writ
petitions deserve to be dismissed at the stage of admission
itself.
11. The writ petitions are dismissed in limine.
(Ravindra Maithani, J.)
19.03.2025
Jitendra
