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Showing contexts for: contract workers in O.N.G.C. Contractual Labour Union vs Oil And Natural Gas Corporation Limited ... on 8 June, 2023Matching Fragments
This reference was registered as Ref. Case No. 4/2009."
5. The learned Tribunal had accordingly passed an Award dated 25.09.2014 in Reference Case No. 04/2009 in terms of the settlement arrived at after a conciliation proceeding. The relevant part of the Award which has incorporated the terms of the Page No.# 18/24 settlement is extracted here in below:
"1. Job Security of the contract workers: Both the parties agreed that as per existing practice, whenever contractor of ONGC changes, list of the contract workers engaged by previous contractor will be provided to the new contractor so that same contract worker can be engaged. The contract workers who were engaged as on 24.06.08 and continued to be engaged till date and also those who were engaged on 01.01.11 and have continued till date will only be eligible to be included in the list. However, the contract labour can be removed on the following grounds;
(V) There is reduction in the activities of the company / closure of establishment."
6. The aforesaid settlement which is a part of the Award makes it clear that the benefits which would accrue upon the workmen would be such contract workers who were engaged as on 24.06.2008 and continued to be engaged till date and also who were engaged on 01.01.2011 and have continued till date will only be eligible for the privilege and benefits of the Settlement.
7. The present list concerns such members of the Union who are also petitioners in Page No.# 19/24 the second writ petition who were engaged prior to 24.06.2008 but was not continuing as on the cut-off date which was fixed on 01.04.2012. The relief which the petitioners are praying for is that consideration of the case for engagement as and when works are taken up by the ONGC being the principal employer through any contractor.
14. Section 18 of the Act of 1947 lays down upon whom the Settlements and Awards would be binding. While sub-section (1) lays down that the settlement arrived at by agreement between the employer and the workmen otherwise than in the course of conciliation proceedings shall be binding on the parties to the agreement, sub-section (3) makes it clear that such settlement arrived at in course of a conciliation proceedings under this Act or an Award of the Labour Court, Tribunal shall be binding, amongst others on all the parties to the industrial dispute. In the instant case, as noted above, the Award dated 25.09.2014, has been passed solely in terms of the Settlement. As extracted above, the terms of the Settlement states that the contract workers who were engaged as on 24.06.08 and continued to be engaged till date and also those who were engaged on 01.01.11 and have continued till date will only be Page No.# 22/24 eligible to be included in the list.