JUDGMENT :

R.F. Nariman, J.

1. Leave granted.

2. Between 1999 and 2001, the respondent-Oil & Natural Gas Corporation (India) Ltd. (for short ‘the ONGC’) called for names from the Employment Exchange to fill up sanctioned posts (Class III & IV) of about 800 persons on a term basis i.e. for 4 years. Interview call letters were issued and after conducting interviews, appointment orders for the said period was issued as per inter se merit of the available candidates. It must be stated that the only error in this order of employment is that no public advertisement in the newspapers was first given.

3. The appellant-Union thereafter demanded regular appointments to 577 term based employees who were appointed by the respondent-ONGC during 1991 to 2001. The conciliation proceedings which took place in 2003 failed as a result of which an industrial dispute was referred to the Industrial Tribunal at Ahmedabad in the following terms:

“Whether the demand of the ONGC Employees Majdoor Sabha, Baroda to give regular appointment to 577 term based appointees (list enclosed) is proper or just? If so, what relief the workmen are entitled for and what directions are necessary in the matter?”

4. By an Award