Case Note & Summary
The writ petition was filed by Oil and Natural Gas Corporation Limited (ONGC) challenging an award passed by the Central Government Industrial Tribunal-2 (CGIT) at Mumbai. The reference concerned a charter of demands made by Oil Field Employees Association (Respondent No.1) regarding fixation of pay and allowances of workmen who were regularly working for ONGC but paid through contractors. The Tribunal passed an award directing ONGC to fix pay and allowances of these workmen. ONGC challenged the award on the ground that the Tribunal exceeded its jurisdiction as there was no determination of employer-employee relationship between ONGC and the workmen. The High Court allowed the petition, holding that the Tribunal could not have directed ONGC to pay wages without first deciding that ONGC was the employer. The award was set aside.
Headnote
A) Industrial Law - Reference - Jurisdiction of Industrial Tribunal - Section 10(1)(d) of Industrial Disputes Act, 1947 - The Tribunal cannot adjudicate a dispute regarding pay fixation of workmen paid through contractors without first deciding the existence of an employer-employee relationship between the principal employer and the workmen. The reference must be confined to the terms of the reference made by the Government. (Paras 1-5) B) Contract Labour - Pay Fixation - Employer-Employee Relationship - The Tribunal's award directing ONGC to directly pay wages to contract labour was beyond the scope of the reference and without jurisdiction, as there was no finding that ONGC was the employer. (Paras 2-4)
Issue of Consideration
Whether the Central Government Industrial Tribunal had jurisdiction to direct ONGC to fix pay and allowances of workmen who were paid through contractors, without first determining that ONGC was the actual employer.
Final Decision
The High Court allowed the writ petition and set aside the award of the Central Government Industrial Tribunal-2.
Law Points
- Industrial Disputes Act
- 1947
- Section 10(1)(d)
- Reference
- Jurisdiction of Industrial Tribunal
- Contract Labour
- Employer-Employee Relationship
- Pay Fixation
