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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms Justice R.N.MANJULA
General Secretary ONGC All Employees Union – Appellant
Versus
Assistant Manager ONGC Ltd. – Respondent
| Table of Content |
|---|
| 1. petition challenging employment regularisation. (Para 1 , 2 , 3) |
| 2. labor court's findings on employment status discussed. (Para 4 , 8) |
| 3. union's arguments for regularisation of workers. (Para 6 , 7) |
| 4. court reinforces factual essence of long-term employment. (Para 9 , 10 , 12 , 14) |
| 5. ruling in favor of claim for permanent status. (Para 11 , 60 , 74) |
| 6. manufacturing process defined under the act. (Para 18 , 20 , 32) |
| 7. criteria for regularization emphasized. (Para 70 , 72) |
| 8. court orders regularisation of employment. (Para 80) |
ORDER :
1. This writ petition had been filed challenging the award dated 21.01.2022 passed by the learned Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court & EPF Appellate Tribunal, Chennai, in I.D.No.11 of 2016 and to direct the respondent management to regularise the petitioners services as permanent employees of Oil and Natural Gas Corporation Ltd. (in short “ONGC Ltd.”) and other benefits of salary allowances and other allowances, concessions and to pay back benefits and unpaid allowances with interest at the rate of 12% within one month and career progression and promotions from the date of appointment in the ONGC
The court determined that prolonged tenure contracts for employees performing roles of regular workers constitute unfair labor practice, justifying their regularization as permanent employees under a....
Long-term engagement of employees for over 240 days establishes entitlement to regularization, reinforcing the principle against unfair labor practices applicable to public sector employment.
Private companies cannot use discretion to justify unfair labour practices, and past financial status as a sick unit does not prevent directions of permanency that may increase financial burden.
The court's decision established that when temporary or ad-hoc appointments are continued for a long period of time, the Court has to presume that there is a regular need for service on regular posts....
The court confirmed that permanent employment requires formal appointment procedures, and mere long service does not grant entitlement to regularisation without mandated legal protocols.
Long-term contractual employees performing essential work are entitled to regularization despite prior undertakings barring such claims, as continuous service establishes the need for employment righ....
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