Case Note & Summary
The case involved multiple civil appeals concerning the Oil and Natural Gas Corporation Ltd. and the Petroleum Employees Union. The Supreme Court addressed the issue of whether the contract between the contractor and the management of O.N.G.C. was sham. The court emphasized that this determination should be made by the Industrial Tribunal, which also had the authority to decide on any interim relief sought by the workmen. The court acknowledged the passage of time and an interim stay order previously issued, stating that a specific paragraph of the impugned order need not be implemented until the Tribunal made an appropriate order. The court concluded that all parties' contentions, including the maintainability of the reference, would remain open for future consideration. The appeals were disposed of with these directions.
Headnote
A) Labour Law - Contractual Validity - Determination of Sham Contract - Industrial Tribunal Jurisdiction - The Supreme Court directed that the question of whether the contract between the contractor and management of O.N.G.C. was sham should be decided by the Industrial Tribunal, emphasizing the Tribunal's role in determining interim relief for workmen. The court noted that all contentions of the parties, including maintainability of the reference, would remain open for consideration (Paras Not mentioned).
Issue of Consideration
Whether the contract between the contractor and management of O.N.G.C. was sham and the determination of interim relief for workmen.
Final Decision
The Supreme Court directed that the Industrial Tribunal should decide whether the contract was sham and determine any interim relief for the workmen, while keeping all contentions open.
Law Points
- Interim relief
- sham contract
- Industrial Tribunal jurisdiction
- maintainability of reference
