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Supreme Court of India 2020-02-13 allowed

ONGC EMPLOYEES MAZDOOR SABHA vs THE EXECUTIVE DIRECTOR BASIN MANAGER, OIL AND NATURAL GAS CORPORATION (INDIA) LTD

Bench: 3 — Rohinton Fali Nariman, S. Ravindra Bhat, V. Ramasubramanian

In Brief

This case concerns 577 term-based employees of Oil and Natural Gas Corporation (ONGC) appointed for four years without prior public advertisement. Upon expiry of their term, they demanded regularization through their union. An industrial tribunal partly allowed their claim; a High Court modified the award to grant regularization from 2005 with notional benefits from then until 2013. The Supreme Court held that employees appointed following proper recruitment procedures should be treated as in regular employment from the date the dispute was formally referred to the tribunal (21.12.2004), and should receive all actual benefits from that date—not notional benefits.

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Industrial Law Labour Law Employment Law Regularization of Services Industrial Disputes Act Constitutional Law

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