VidhiSangh

Supreme Court of India · 07/02/2020

OIL AND NATURAL GAS CORPORATION versus KRISHAN GOPAL & ORS.

[2020] 3 S.C.R. 661 · 2020 INSC 147

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Summary

The Supreme Court sought larger-Bench reconsideration of ONGC v. Petroleum Coal Labour Union on regularisation under the corporation’s standing orders and unfair-labour-practice principles. The referring Bench questioned an automatic right from 240 days’ service despite wording providing for consideration, and identified limits arising from sanctioned posts, eligibility and constitutional equality. The batch’s individual regularisation claims were not finally decided.

Issues

  1. Whether Petroleum Coal Labour Union correctly construed the standing orders as conferring an automatic regularisation right.
  2. How unfair-labour-practice principles and public-employment limitations govern industrial adjudicators’ regularisation powers.

Provisions considered

Held

Result

Registry requested to place the proceedings before the Chief Justice for consideration of listing the batch before an appropriate Bench for reconsideration. No final grant or rejection of the individual regularisation claims recorded.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 661.