Case Note & Summary
The petitioners, a group of doctors employed on contract by the Oil and Natural Gas Corporation Limited (ONGC) at its offshore installations in Bombay High, filed a writ petition under Article 226 of the Constitution seeking a writ of mandamus directing ONGC to absorb them into regular service as Medical Officers and to grant them salaries, allowances, benefits, and perquisites admissible to regular Medical Officers. The petitioners had been working continuously for several years, some for over fifteen years, without break. The court examined the grievances and found that while the petitioners were not entitled to automatic regularization, they were performing the same duties as regular medical officers and thus were entitled to parity in remuneration and working conditions under the principle of equal pay for equal work. The court directed ONGC to ensure that the contractual doctors receive the same salary, allowances, and facilities as regular medical officers performing similar duties. However, the court declined to issue a writ for absorption, holding that regularization cannot be ordered merely on the basis of length of service or continuous employment. The court issued certain directions in the concluding paragraph to address the grievances.
Headnote
A) Constitutional Law - Equal Pay for Equal Work - Article 14 - Contractual Medical Officers - Petitioners, doctors working on contract with ONGC, sought parity in salaries, allowances, and facilities with regular medical officers - Court held that while they are not entitled to automatic absorption, they are entitled to equal pay for equal work and similar working conditions as regular employees performing same duties - Directed ONGC to ensure parity in remuneration and facilities (Paras 2, 10-12). B) Service Law - Regularization of Contractual Employees - Article 226 - Absorption - Petitioners sought writ of mandamus for absorption into regular service - Court declined to grant this relief, noting that regularization cannot be ordered merely on basis of length of service or continuous employment - Held that contractual employees cannot claim automatic regularization (Paras 2, 13-15).
Issue of Consideration
Whether contractual doctors working on offshore installations of ONGC are entitled to regularization and parity in salary and benefits with regular medical officers.
Final Decision
The court declined to grant the relief of absorption but directed ONGC to ensure parity in salaries, allowances, and facilities for contractual doctors with regular medical officers performing similar duties. Specific directions were issued in the concluding paragraph.
Law Points
- Equal pay for equal work
- Regularization of contractual employees
- Article 14
- Article 226
- Contractual employment
- Government company
- Medical officers
