Supreme Court Orders ONGC to Regularize Workers and Pay Back Wages After 25-Year Legal Battle

After 25 years of litigation, the Supreme Court has dismissed the appeal of ONGC Ltd in its fight with the Petroleum Coal Labour Union. The court directed the public sector undertaking to implement the order of the industrial tribunal passed in 1999, regularizing temporary workers. The court found that they were working for several years and were therefore its workers under the standing orders of the company and industrial laws.

Apart from regularization in their posts, the court also asked the PSU to pay them back wages and monetary benefits, including terminal benefits, on the basis of periodical revision of pay scales. All this should be done in two months, or else nine percent interest shall be paid. The court also wanted a compliance report from ONGC after two months.

Copy of Supreme Court order: http://judis.nic.in/supremecourt/img...filename=42616

Investigation into ONGC's Resource Wastage

How many resources did ONGC waste in the 25 years by denying justice to its own workers must be investigated. This may not be an exception, in fact. Every case that reaches the Supreme Court on flimsy grounds may just be a reflection of the "litigation industry" underneath. Big lawyers are engaged to fight cases across, let's say, from Chennai to New Delhi, and legal officers may have been shuttling between these places for the last 25 years. Unions also benefit from litigation because it is a lucrative business and a means to exploit the poor workers. There must be detailed inquiries into the merits by which the litigations are being pursued up to the Supreme Court.

The Impact of Legal Battles on Justice and Financial Prudence

Government departments and the entities under them routinely engage in prolonged legal battles in court. High-profile lawyers often benefit from these legal disputes. The extended duration of these cases ensures that these prominent lawyers receive substantial fees, even when routine court dates are scheduled by the Honorable courts.

The end result of this litigation industry is that justice is denied to litigants who cannot match the financial resources of the government, funded by taxpayers' money.

Case Study: The Defense Ministry and Rank Pay Fixation

A similar situation occurred in the Defense Ministry, where they contested the implementation of the Maj. Dhnaplan case for decades. This case involved the incorrect fixation of rank pay (exclusion of rank pay in pay fixation). Over the past year, they have finally compensated the entitled beneficiaries. Had this been resolved in a timely manner, the servicemen would have been satisfied. A similar attitudinal issue exists regarding the One Rank One Pension (OROP) scheme.

Labor Practices and Financial Prudence

Hiring and retaining labor on temporary or casual status for extended periods, while treating them with strictness and ignoring overtime payments to permanent employees (regardless of their work), demonstrates a lack of financial prudence and discipline.

We have all read recent articles about the Food Corporation of India (FCI), where some workers earn up to Rs. 4 lakh per month and even hire their labor for tasks like lifting food grain sacks.

Overtime payments to drivers, select peons, and watchmen in many Public Sector Undertakings (PSUs) indicate how favored unionized workers are treated.

Recommendations for Government Action

The government should establish a committee to review all court cases and withdraw those that do not involve any significant legal principles. Litigation should be the last resort.

Regards

Ego Problems and Public Expenditure in Litigation

After a certain stage, it becomes more of an ego problem. Instead of wasting money, time, and resources over 25 years and considering the total expenditure, including incidental expenses like copying documents, traveling, stay, TA, DA, etc., the SC has quashed the case. To whose benefit? Whose ego problem is being solved? Instead, they could have implemented measures to earn the goodwill of the people. It is ultimately a waste of public money.

Similarly, hundreds of cases might be ongoing in various courts at different stages. The government should wake up and assess whether it is worth fighting frivolous cases!

Dear Sir,

I am also a contract workman in a reputed Navratna oil company for more than 10 years, receiving skilled wages as well as PF and ESIC benefits from various contractors over time. Can I apply to HQO with the assistance of this experience to secure a permanent position at their level, or do I need to wait and observe for potential openings in future recruitment rounds?

Regards,
Jitendra