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Supreme Court of India 2020-02-13 allowed

ONGC Employees Mazdoor Sabha vs Executive Director Basin Manager, Oil & Natural Gas Corporation (India) Ltd

Bench: 3 — R.F. Nariman

In Brief

The ONGC recruited 577 employees on term basis (1999–2001) after interviews without prior newspaper advertisement. When their four-year term expired, the Union immediately approached the Government, which referred the dispute to the Industrial Tribunal in 2004. The Tribunal partly allowed regularization in 2011, and the High Court ordered regularization effective 24.01.2005 with notional benefits. The Supreme Court held that the workmen must be treated as regular from 21.12.2004 (the date the dispute was referred) with actual benefits from that date, as they had promptly approached authorities and substantially complied with recruitment procedures despite the absence of prior advertisement.

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Labour Law Industrial Disputes Regularization of Employees Contractual Employment Administrative Law Constitutional Law

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