Back
2016 Supreme(Guj) 1018
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Chetankumar Sureshbhai Patel and Ors. – Appellant
Vs.
Oil and Natural Gas Corporation Limited and Ors. – Respondents
Special Civil Application Nos.12302, 12303, 20808 and 20828 of 2015
Decided On : 30-06-2016
Advocate Appeared:
For the Appellant :Vidhi J. Bhatt, Advocate
Headnote:
Constitution of India, 1950 - Articles 13,14, 16, 21,23,309 and 226 - Contractual employment - Termination of Service - Seeking to issue writ of mandamus commanding or directing respondent Corporation to consider case of petitioners for regularisation and grant them all benefits granted to regular employees in establishment of respondent Corporation and declare action of respondent Corporation in making petitioners work on contract basis as violative of petitioner's fundamental rights and to restrain respondent Corporation from terminating services of petitioners or taking any coercive action against them - Held, Petitioners not have any legal right emanating from any statutory Rules/Regulation - Absence of provision for regularisation of contract employees Court should not give direction to respondents to consider petitioners for regularisation in service - This legislative power carries with it power to amend or alter rules with retrospective effect - A rule made in exercise of power under proviso to Article 309 constitutes law within meaning of Article 13 - Courts will not enforce when called upon should not hesitate to strike down an unfair and unreasonable contract or unfair and unreasonable clause in contract entered into between parties who are not equal in bargaining power - All depend upon nature of such clause in contract - Court should not decided only on sympathy and sentiments at times law may appear and prove to be very harsh for common man more particularly - When it is not able to protect his bread and butter, but still it remains law which one and all has to abide and respect - Writ-applications rejected
J.B. Pardiwala, J.
1. Since the issues raised in all the captioned writ-applications are more or less the same, those were heard analogously and are being disposed of by this common judgment and order.
2. The writ-applicants before me are serving as contractual employees with the ONGC. Some of the writ-applicants are serving as Dresser-cum-Hospital Attendants/Health Care Attendants and the other as Pharmacists. The details of each of the writ-applicants is as under:
| SPECIAL CIVIL APPLICATION NO.12302 OF 2015 | |||
| Name of the Petitioner | Date of Joining | Designation | No. of years of service till date |
| Chetankumar Sureshbhai Patel | 14.8.2008 | Dresser-cum-Hospital Attendant/Health Care Attendant | 8 years |
| Vipulkumar Govindbhai Patel | 14.8.2008 | Pharmacist | 8 years |
| Hiteshkumar Amrutlal Patel | 3.7.2014 | Pharmacist | 2 years |
| SPECIAL CIVIL APPLICATION NO. 12302 OF 2015 | |||
| Name of the Petitioner | Date of Joining | Designation | No. of years of service till date |
| Mineshbhai Kanubhai Patel | 1.1.2002 | Dresser-cum-Hospital Attendant/Health Care Attendant | 14 years |
| Maheshbhai Jerambhai Ahir | 1.1.2002 | Dresser-cum-Hospital Attendant/Health Care Attendant | 14 years |
| Dishant Devenkumar Sagar | 1.1.2002 | Pharmacist | 14 years |
| Dharmeshbhai Sureshbhai Patel | 1.1.2002 | Dresser-cum-Hospital Attendant/Health Care Attendant | 14 years |
| SPECIAL CIVIL APPLICATION NO.20808 OF 2015 | |||
| Name of the Petitioner | Date of Joining | Designation | No. of years of service till date |
| Chhaya Ravindra Bharambe | 17.10.2008 | Dresser-cum-Hospital Attendant/Health Care Attendant | 7 years and 9 months |
| Ashok Kantilal Jadav | 6.7.2010 | Dresser-cum-Hospital Attendant/Health Care Attendant | 5 years and 11 months |
| Kishor Dalsukhbhai Parmar | 9.7.2010 | Dresser-cum-Hospital Attendant/Health Care Attendant | 5 years and 11 months |
| Basirkhan Jivankhan Chauhan | 24.7.2012 | Dresser-cum-Hospital Attendant/Health Care Attendant | 3 years and 11 months |
| Vipulkumar Amrutbhai Parmar | 1.10.2014 | Dresser-cum-Hospital Attendant/Health Care Attendant | 1 year and 9 months |
| Ghanshyam Vishnudanji Gadhavi | 30.7.2010 | Pharmacist | 5 years and 11 months |
| Shaikh Mohammad Liyas | 10.8.2011 | Pharmacist | 4 years and 10 months |
| Resha Maheshchandra Matad | 23.7.2012 | Pharmacist | 3 years and 11 months |
| Yogeshkumar Dahyalal Modi | 30.4.2007 | Pharmacist | 9 years and 2 months |
| Vibha Kantilal Patel | 10.8.2010 | Pharmacist | 5 years and 10 months |
| SPECIAL CIVIL APPLICATION NO. 20828 OF 2015 | |||
| Name of the Petitioner | Date of Joining | Designation | No. of years of service till date |
| Suresh Dhanjibhai Patel | 1.3.2002 | Pharmacist | 14 years and 3 months |
3. The writ-applicants have prayed for the following reliefs:
"A. Your Lordships may be pleased to issue a writ of mandamus commanding or directing the respondent Corporation to consider the case of the petitioners for regularization and grant them all the benefits granted to regular employees in the establishment of the respondent Corporation;
B. Your Lordships may be pleased to declare the action of the respondent Corporation in making the petitioners work on contract basis as violative of petitioner's fundamental rights guaranteed under Articles 14, 16, 21 and 23 of the Constitution;
C. Pending admission and final hearing of the present petition, Your Lordships may be pleased to restrain the respondent Corporation from terminating the services of petitioners or taking any coercive action against them; and
D. Your Lordships be pleased to pass any other appropriate order, as deemed fit in the interest of justice."
4. The case of the writ-applicants may be summarised as under:
"The wr
