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1990 Supreme(SC) 185

S. C. AGRAWAL, M. H. KANIA, K. N. SAIKIA, B. C. RAY, SABYASACHI MUKHARJEE
Committee For Protection Of Rights Of Ongc Employees – Appellant
Versus
Oil And Natural Gas Commission Through Its Chairman – Respondent


Advocates:
B.DUTTA, BABY LAL, M.K.RAMAMURTHY, NARESH MATHUR, R.C.PATHAK, R.K.Joshi, S.K.JAIN, SUDHIR GUPTA

JUDGMENT

S.C. AGRAWAL, J.:- The only question which arises for consideration in this writ petition, filed under Article 32 of the Constitution, is whether persons who were employed in temporary capacity with the Oil & Natural Gas Commission (hereinafter referred to as the Commission), when it was being run as a Department of the Government of India prior to the enactment of the Oil & Natural Gas Commission Act, 1959 (hereinafter referred to as the ONGC Act) and who were subsequently absorbed in the Commission, as established under the said Act, are entitled to pension, in addition to the Provident Fund benefits to which they are entitled under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act (hereinafter referred to as the Provident Fund Act).

2. The Commission was initially formed as a Department of the Government of India and it continued to be so till October 15, 1959, when the ONGC Act was enacted and the Commission was established as a statutory body under the said Act. Section 13 of the ONGC Act makes provision for transfer of service of the existing employees to the Commission on the same tenure, remuneration and terms and conditions as they woul


























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