In Brief
This batch of civil appeals from multiple High Courts challenges orders directing the regularisation of temporary workers at Oil and Natural Gas Corporation (ONGC). The Supreme Court examined whether a prior two-judge bench decision (PCLU) correctly interpreted clause 2(ii) of ONGC's Certified Standing Orders, which requires 240 days of service for regularisation consideration. The Court found that PCLU's interpretation needed reconsideration because it: (1) conferred an automatic right to regularisation without proper analysis of the language "may be considered"; (2) overlooked earlier binding precedent on unfair labour practices requiring posts to exist; and (3) did not adequately apply constitutional limits on regularisation in public employment. The Court held that regularisation cannot be ordered where no sanctioned posts exist, and that unfair labour practice requires both continuance as temporary and intent to deprive benefits. The Court remitted the appeals to a larger bench for proper reconsideration.
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