IMPORTANT POINT
The court established that without clear evidence of direct employment, claims of an employer-employee relationship under contract labour provisions cannot succeed.

JUDGMENT :

Heard Mr. A. Dasgupta, learned senior counsel, assisted by Ms. B. Das, learned counsel for the six writ petitioners and Mr. G. N. Sahewalla, learned senior counsel, assisted by Mr. M. Sahewalla, learned counsel for the respondent Nos. 2 & 3.

2. The petitioners have put to challenge the award dated 11.07.2019 passed by the Central Government Industrial Tribunal-cum- Labour Court, Guwahati in Reference Case No. 3/2016, wherein the learned Tribunal has dismissed the claim of the petitioners to be reinstated into service and regularized, on the ground that there was no employer-employee relationship between the petitioners and the respondent Nos. 2 & 3, i.e. ONGC.

3. The case of the petitioners is that the petitioners were engaged directly as Contract Labourers by the ONGC in the year 1985-1986 and later on they were engaged on contract basis through a contractor, i.e. Mr. T.R. Phukan. The engagement of the petitioners on contract basis with Mr. T. R. Phukan, on a later date, was only a paper/sham engagement, which sought to camouflage the fact that the direct engagement between the petitioners and the ONGC still remained. The petitioners were thereafter disengaged by the ONGC in the year 1995/1996.

4. The petitioners’ case is that as they were directly engaged by the ONGC in the year 1985 till their disengagement, their services should be reinstated and regularized with the ONGC.

5. As the prayer of the petitioners was not being considered by the ONGC, the 22 persons including the 6 petitioners approached this Court by way of Civil Rule No. 3366/1995. This Court passed an order dated 12.09.1997 directing the Assistant Labour Commissioner (Central), Guwahati, to cause an enquiry and submit a report on the status of the petitioners. Accordingly, enquiry was held and a report dated 05.01.1998 was made, which was to the effect that some of the 22 workmen worked in two spells. Firstly under direct payment system till December, 1986 from the ONGC and w.e.f. January, 1987 to March, 1996 under the ONGC contractor, Mr. T.R. Phukan. Further, the job profile of the workmen was for loading, unloading and handling, which appeared to be perennial nature of job. Some of them were also performing the work of typists. This Court, vide order dated 24.08.1998, held that as it was not possible for the Court to make an order for regularization of the concerned workmen as regular employees of the ONGC, the better course would be for the petitioners to approach the ONGC to examine the matter in the context of the correct factual position made in the official records. This observation of this Court in the order dated 24.08.1998, had been made due to the fact that the ONGC had denied the stand taken by the writ petitioners that they were appointed directly as contract labourers by the ONGC. Further, the ONGC stand was that they were in fact engaged by the contractor of the ONGC, i.e. Mr. T. R. Phukan, for supplying labour.

6. This Court in its order dated 24.08.1998 passed in Civil Rule No. 3366/1995 held that the ONGC, being a Public Undertaking, was supposed to do things in keeping with the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as ‘1970 Act’) and as desired by the learned counsel for the petitioners, the matter was left to the better discretion of the ONGC authorities to pass appropriate orders, after examining as to which of the petitioners could be given the status of an employee of the ONGC. This Court further held that in case the petitioners still felt aggrieved, they may approach the Labour Court for appropriate relief in accordance with law.

7. The petitioners thereafter approached the ONGC in pursuance to the order dated 24.08.1998 passed in Civil Rule No. 3366/1995. As no decision was forthcoming in favour of the petitioners, the petitioners approached the Central Labour Commissioner, Guwahati with a prayer for raising an industrial dispute against the ONGC, regarding the petitioner