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 dated 08.11.2011, the Industrial Tribunal, Ahmedabad partly allowed the reference and directed regularization of some of the services of these 577 workmen in the following terms:

(i) Out of 577 term based appointees of 1999, 2000 and 2001 as per list attached to the reference, those who either expired or resigned or terminated or tenure completed or are absent are now out of the court and so those are not entitled to get any relief inspite of raising demand by the union under the reference.

(ii) Out of 577 term based appointees as per list attached to the reference those who have been selected and appointed against regular vacancies so far and those who were also appointed on regular post being dependants of deceased employees (DOD’s) so far are not entitled to get any relief in this reference case.

(iii) Out of 577 term based appointees as per list attached to the reference, those who raised dispute for their regularization also on completing 240 days of works in the preceding calendar years and the award passed in their favour and the list of such employees covered under Hon’ble Supreme Court’s Judgment in Civil Application No. C607/2005 regarding field party workman read with order dated 08.02.2008 in IA No. 10/2007 in Civil Application No. 6607/2005, selected against regular post under order of the Court are, also excluded from getting any relief in this reference, if, (here has been no change in condition of service of any of them by way of removal etc. without getting approval/permission from the tribunal and if, condition of service of any one has been changed and any complaint case is pending, then the person if any, shall be entitled to the relief.

(iv) Out of 577 term based appointees as per list attached to the reference, those whose term had not been extended in the year 2004 and filed complaint in this reference case which are pending are entitled to get relief in this case for considering them for regular appointments by the 1st parties.

(v) Out of 577 appointees as per list attached to the reference, 30 persons who are separated as per list of Field Operator furnished by the first parties on 18.07.2011 are not entitled to get any relief.

(vi) Out of the remaining of 577 term based appointees, who are still continuing on the posts on which they were appointed and are getting extensions of term/tenure are directed to be treated and covered within priority case of consideration zone for given them regular appointment by the management of ONGC (1st parties). The 1st parties are directed to work out such number of appointees with intimation to the 2nd party union.

(vii) The first parties are directed to undertake exercise of giving regular appointment to the remaining term based appointees calling them for interview if, necessary, and not to impo