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Showing contexts for: contract workers in M/S. Oil And Natural Gas Corporation Ltd vs The President, Oil Field Employees ... on 4 February, 2022Matching Fragments
“Whether the following demands of The President, Oil Field Employees Association are legal and justified?
1. To have uniform policies for all the workers irrespective of the contracts in the establishment of ONGC.
2. To get the MOU renewed with pay Revisions w.e.f. 1.1.2008.
3. To advise M/s. ONGC Management to release an advance of Rs.50,000/- per worker and to adjust it with the arrears after implementation of the Pay Revisions.
7. In the reference, two other Unions participated and were impleaded as parties therein on the basis of their applications. These two Unions are Maharashtra Sanghatit Asanghatit Kamgar Sabha (respondent no.2) and Maharashtra Employees Union (respondent no.3).
8. The Tribunal by its Order passed on 17th July, 2019 in substance allowed the claim of the workmen articulated through the Unions and ordered:-
“1. The reference is allowed.
2. It is declared that the demands of the union to have uniform policies for all the workers irrespective of contracts in the establishment of ONGC and to get the MOU renewed with pay revision w.e.f. 1.1.2008 are legal & justified.
22. In the instant case we do not find the settlement of 19th September, 2016 to be one which would be binding on the minority Union. That was a settlement essentially between the contractors and workmen engaged by the former. The appellants were only consenting parties to the settlement.
This position of the appellants is apparent from the description of the parties to the said settlement, which records:-
“MEMORANDUM OF SETTLEMENT ARRIVED AT UNDER SECTION 12(3) OF THE INDUSTRIAL DISPUTES ACT, 1947 BEFORE SHRI B.B. BHATNAGAR, CONCILIATION OFFICER & DY. CLC(C), AS A RESULT OF AND IN THE COURSE OF CONCILIATION PROCEEDINGS HELD ON 19.09.2016 AND SIGNED BY THE CONTRACTORS, EMPLOYERS OF CONTRACT WORKERS DEPLOYED FOR PERFORMANCE OF CONTRACTS IN ONGC LIMITED, WESTERN OFFSHORE UNIT MUMBAI INCLUDING PANVEL, URAN AND NHAVA, AND CONTRACT WORKERS REPRESENTED THROUGH TRANSPORT & DOCK WORKERS UNION-MUMBAI, ONGC (BOP) KARMACHARI SANGHATANA PETROLEUM EMPLOYEES UNION, GENERAL EMPLOYEES ASSOCIATION, ONGC GENERAL KAMGAR SANGHATANA AND NHAVA SHEVA PORT & GENERAL WORKERS UNION, AS MENTIONED BELOW OVER CHARTER OF DEMANDS, INCLUDING REVISION OF WAGES AND OTHER SERVICE CONDITIONS OF CONTRACT WORKERS IN WESTERN OFFSHORE UNIT.”