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2023 Supreme(Bom) 576

K. R. SHRIRAM, RAJESH S. PATIL
Oil & Natural Gas Corporation Ltd. – Appellant
Versus
Petroleum Employees Union – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. J.P. Cama, Senior Advocate a/w. Mr. Gobindram D. Talreja and Mr. Rahul, Mantri i/b. Gobindram D. Talreja and Associates
For the Respondent:Mr. Sanjay Singhvi, Senior Advocate a/w. Ms. Rohini Thyagarajan and Mr. Avinash Belge i/b. Mr. R.D. Bhat, Mr. Ashutosh Mishra, Mr. Shaligram G. Mishra in person.

JUDGMENT :

K. R. SHRIRAM, J.

1 Appellant is impugning judgment and order dated 8th September 2011 by which the learned Single Judge was pleased to dismiss the Writ Petition filed by Appellant. In the Writ Petition, Appellant was impugning an Award dated 28th February 2011 (the said Award) passed by the presiding officer Central Government Industrial Tribunal No.II) (hereinafter referred to as “The Tribunal”) in Reference CGIT – 2/10 of 2003.

2 The Tribunal, by the said Award, had disposed the Reference made on 27th February 2003 by the Government of India, Ministry of Labour. The Tribunal was pleased to declare that the contracts between Appellant and various Contractors in respect of workmen covered by the Reference and particularly in List A and List B are sham, bogus and mere camouflage. The Tribunal also declared that the workmen in these lists were absorbed as per the order of this court and they are entitled to appropriate wages and other service benefits on par with permanent workmen of Appellant. It was also held that the said workmen are entitled to the benefits of settlement dated 12th July 2000.

Facts, briefly stated, are as under :

3. Appellant is a Government of India Corpo

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