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2023 Supreme(Bom) 1202

N. J. JAMADAR
Suryakand D. Lad – Appellant
Versus
Oil and Natural Gas Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sanjay Singhavi, Senior Counsel, a/w Ms. Rohini Thyagarajan
For the Respondent: Mr. Girish Paryani, i/b A&P Legal Associates LLP

JUDGMENT :

1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.

2. As a common question of law arises for consideration in these petitions in a, by and large, identical fact-situation, all these petitions are being decided together. Writ Petition No.2443 of 2022 is considered as the lead petition.

3. Background facts can be stated in brief as under:

    (a) Respondent No.1 – ONGC is a public limited company registered under the Companies Act, 1956. Respondent No.1 is a “State” within the meaning of Article 12 of the Constitution of India. The petitioners claimed to have worked on the premises of respondent No.1 - ONGC variously from the period 1988 to 1995. The petitioners were engaged through various contractors, the last of whom was M/s. Noble Enterprises, respondent No.2. ONGC was thus the “principal employer” of the petitioners within the meaning of Contract Labour (Abolition and Regulation) Act, 1970 (“the Contract Labour Act, 1970”). Eventually after having worked for years, ranging between 15 to 25, the petitioners employment came to an end in June, 2006 pursuant to the petitioners furnishing an undertaking under Goodwi

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