( 1 ) THIS group of petitions have been preferred by the ONGC Labour Union (hereinafter referred to as "the Union") under Article 226 of the Constitution of India. The petitions are preferred for the benefit of some 500 members of Gram Rakshak Dal (hereinafter referred to as "the Gram Dal") who have been assigned the duties of security guard for the purpose of protection of oil wells situated at different sites in Mehsana district under the Project Manager, Oil and Natural Gas Commission [now a body corporate known as Oil and Natural Gas Corporation Limited (hereinafter referred to as "the Corporation")].

( 2 ) THE Union has claimed that the Gram Dal Jawans engaged as security guard as aforesaid should be treated as the employees of the Corporation and be given the status and consequential reliefs as such.

( 3 ) IN Special Civil Application No. 6406/1991 the Union has also prayed for an enquiry under Section 7a of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the Act of 1952" ). In the alternative the Union has prayed for parity of pay with the security guards employed by the Corporation under Articles 14, 16 and 39 (D) of the Constitution of India. In the alternative the Union has prayed for payment of minimum wages as determined by the State Government from time to time. In the alternative the Union has prayed for a direction to the Union of India to make a reference under Section 10 (1) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act of 1947") with respect to the aforesaid demands raised by the Union.

( 4 ) LEARNED advocate Mr. Sahani has appeared for the Union and has taken me through the records of the above petitions. Mr. Sahani has submitted that in the year 1982 or thereabout there was an astounding rise in the oil pilferage and the instances of setting fire to such sites. These incidents required the Corporation to engage large number of guards to protect the oil wells, the pumping stations, the pipelines and to prevent pilferage. The Corporation, therefore, requested for police protection for the aforesaid purpose. The police authority, however, was unable to provide sufficient security required by the Corporation. Ultimately, with the intervention of the State Government the concerned police officer agreed to deploy members of the Gram Dal for such security services. It was pursuant to the said agreement that the members of the Gram Dal (the beneficiaries of these petitions) were engaged by the Corporation for the aforesaid security services. Mr. Sahani has submitted that the Corporation resorts to various sources for appointment of security guards. Such sources are : (1) the security guards employed by the Corporation; (2) employment of members of the Central Industrial Security Force; (3) security guards employed through security agencies (contract labour); (4) security guards employed through villages sarpanch (contract labour); and (5) employment of members of the Gram Dal. Mr. Sahani has submitted that these petitions are confined to the members of the Gram Dal who are engaged as security guards at various well sites. He has submitted that such security men are paid allowance as determined by the State Government from time to time. Initially, such allowance was Rs. 8=00 per day. It was gradually increased to Rs. 15=00; Rs. 22=00 and Rs. 31=00. The said allowance is far less than the minimum wages determined by the State Government and is nowhere within the comparable range with the wages and allowances paid by the Corporation to the security guards employed by it or paid to the members of Central Industrial Security Force or paid to the security men engaged through the labour contractor. He has submitted that these members of the Gram Dal have been engaged as security guard since the year 1982 and have been continuously serving as such till the date. By passage of time they have acquired the status as the employees of t