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
- Whether Petroleum Coal Labour Union correctly construed the standing orders as conferring an automatic regularisation right.
- How unfair-labour-practice principles and public-employment limitations govern industrial adjudicators’ regularisation powers.
Provisions considered
- Section 2(ra), Section 25T and Fifth Schedule, Item 10, Industrial Disputes Act, 1947The referring Bench examined the statutory requirement of continuing temporary or casual workmen with the object of depriving them of permanent status and privileges. (¶¶ 5, 15, 16, 23, 24)
Held
- The construction of clause 2(ii) as giving an absolute regularisation right after 240 days required reconsideration in light of its language and the earlier Engineering Mazdoor Sangh decision concerning the same standing orders. (¶¶ 11, 12, 13, 17, 24)
- The referring Bench’s synthesis recognised continuing industrial powers to remedy established unfair labour practices, but no power to create posts or direct regularisation contrary to Article 14. Mere length of service, absent available posts and the requisite circumstances, did not suffice; comparable employer-granted regularisation could support a discrimination claim. (¶¶ 18, 19, 20, 21, 22, 23)
- Item 10 requires continuance as badlis, casuals or temporaries for years with the object of withholding permanent employees’ benefits. The meaning of that requirement, construction of the standing orders and limits on regularisation without sanctioned posts were identified for reconsideration. (¶¶ 5, 16, 23, 24)
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.