Claims for wage recovery and promotion must undergo evidentiary process; writ jurisdiction under Article 226 is not for fact disputes.

ORAL JUDGMENT

1. Rule returnable forthwith. Learned advocate Mr.Ajay Mehta waives notice of Rule on behalf of the respondent.

2. The present petition is filed under Article 226 of the Constitution of India for following prayers:-

“(A) The Honble Court may be pleased to allow this Sp. Civil Application.

(B) Be pleased to issue writ of mandamus and/or direction and/ or order directing the respondent to considedred the order of the Hon'ble Supreme Court of India in SLP No.1065/2013, in which the Honble Supreme Court has confirmed the order passed by the Hon'ble Industrial Tribunal in Ref. ITC No.10/98 Апнеж and further be pleased to direct the respondent to pay the wages from 06.12.2004 till the date of Memorandum of Appointment Letter i.e.13.08.2022 to the petitioner and further be pleased to direct the respondent to consider the recruitment and promotion regulation act of the respondent.

(C) Be pleased to direct the respondent to grant the benifit of promotion to the petritioner as per the Recruitment and Promotion Regulation Act as the services of the petitioner is treated as a employee of the respondent w.e.f.01.01.1998 and after the completion of 3 years the benifits of promotions are given to the petitioner as follows;

Class-IV W-I (Rs.4300) to W-II (Rs.4500) Three experince W-II (Rs.4500) to W-III (Rs.4700) Six experince W-III (Rs.4700) to W-IV (Rs.5100) -- DO -- W-IV (Rs.5100) to W-V (Rs.5800) -- DO --

W-V (Rs.5800) to W-VI (Rs.6500) -- DO W-VI (Rs.6500) to W-VII (Rs.10220) -- DO --.

And also paid the amount of arrears w.e.f.2011 till the date and also give all the benifits to the similarly situated employees of ONGC w.e.f.above mentioned period.

(D) Be pleased to direct the respondent corporation to pay all the differences amount to the petitioner w.e.f.06.12.2004 till today after considering the petitioner as a employee of the respondent corporation w.e.f.01.01.1998. i.e. to pay the differences in wages received by the other similarly situated employees. The differences in Pay-Scale granted to the other similarly situated employees whose services are regularise w.e.f.01.01.98 as per the direction of the Hon'ble Inustrial Tribunal which is confirmed upto the Honble Supreme Court and also considered the promotion as per the recruitment and Promotion Regulation Act of the respondent and pay the difference accordingly.

(E) Any other and further reliefs be granted in the interest of justice.”

3. The case of the present petitioner is that he was working with the ONGC Canteen and had raised an industrial dispute through the Secretary of the Gujarat Labour Union, seeking a declaration that the petitioners are employees of ONGC. The said dispute was registered as Reference (ITC) No. 10 of 1998. The learned Industrial Tribunal, after hearing both parties, passed an award dated 12.12.2000, directing the management to treat the petitioner as an employee of ONGC with effect from 01.01.1998 and to extend all consequential benefits accordingly. Aggrieved by the said award, the respondent filed a petition before this Court, being Special Civil Application (SCA) No. 3203 of 2001. The said petition came to be dismissed vide order dated 03.10.2012. Thereafter, an intra-court appeal was filed by the respondent, being Letters Patent Appeal (LPA) No. 303 of 2013, which also came to be dismissed vide order dated 19.03.2014. Challenging the order of the Division Bench in the said LPA, the respondent preferred a Special Leave Petition before the Apex Court, being SLP (C) No. 1065 of 2015, which too came to be dismissed vide order dated 08.08.201