( 1 ) IN this group of petitions filed by the ONGC Employees Association and ONGC Employees Union and some individual employees in different cadres, the controversy centers around the settlement dated 2-2-2000 under section 12 (3) of the Industrial Disputes Act, 1947, arrived at between the management of the ONGC Ltd. and its workmen represented by Rigmen and Topmen Association, Western Region Business Centre, regarding appointment to the posts of Rigman during the period between 1987 and 1990.

( 2 ) IN Special Civil Application No. 6299 of 2001 filed by the ONGC Employees Association and ONGC Employees Union as well as in Special Civil Application No. 11523 of 2001, the challenge is to the settlement itself whereas in other petitions, the reliefs sought for are against the discrimination arising from implementation of the settlement in the matters of seniority and promotion of the other employees who are not given the benefit of the said settlement dated 2-2-2000.

( 3 ) THE different petitions raise different shades of controversy but since the challenge to the settlement and reliefs prayed for in the other petitions involve common questions of fact and law, all these petitions have been heard together and are being disposed of by this common judgment.

( 4 ) THE facts leading to filing of this group of petitions, briefly stated, are as under:-4. 1 the present respondent No. 1 - Oil and Natural Gas Corporation Ltd. which is stated to be a State within the meaning of Article 12 of the Constitution, is the successor of the Oil and Natural Gas Commission which was a statutory Corporation set up under the Oil and Natural Gas Commission Act, 1959 enacted by the Parliament. The Commission had framed the Recruitment and Promotion Regulations, 1980 (hereinafter referred to as `the Regulations or the 1980 Regulations) prescribing the staff set up and the Rules for recruitment and promotion to various posts under the Commission. The staff set-up is divided into three broad categories called (i) Engineering (ii) Geo-Sciences and (iii) other services. The controversy in the present group of petitions pertains to the staff set-up in the Engineering Branch. The Engineering branch itself is divided into ten different disciplines. The controversy centers around certain benefits given to some of the employees in the Drilling discipline and the Production discipline within the Engineering Branch. 4. 2 the hierarchy in the said two disciplines set out along with the payscales of the relevant posts at the relevant time and the present payscales is set out in a Chart annexed to this judgment. 4. 3 since the controversy is about the post of Rigman in the Drilling discipline and in the Production discipline, the relevant extracts of 1980 Regulations dealing with the said posts are set out verbatim : - Category scale of Mode of Qualifications and pay Appointment Experience for -- (Rupees) Direct Promotion Direct Promotion Recruit- Recruit- ment ment - Rigman 440-12- 100% - Post will be (Drilling) 488-15- filled in by 578-20- recruitment 758 from within the ONGC. Employees who are Matric and possessing Trade Certificate in Fitting/mechanic Trades and have put in atleast 3 years service in the pay scale of Rs. 370-10- 460-12-520-15-580- 20-640 will be eligible for consi- deration for appointment to this post. Age limit 30 years and not relaxable. Rigman 440-12- 100% - Post will be (Production)488-15- filled in by 578-20- recruitment 758 from within the ONGC. Employees who are Matric and possessing Trade Certificate in Fitting/mechanic Trades and have put in atleast 3 years service in the pay scale of Rs. 370-10- 460-12-520-15-580- 20-640 will be eligible for consi- deration for appointment to this post. Age limit 30 years and not relaxable. -4. 4 the ONGC had recruited the contesting respondents in these petitions on the posts of Assistant Technicians (Rig, Ope