NDLI: Oil and Natural Gas Corporation Ltd. Vs. The President, Oil Field Employees Association & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Industrial Disputes Act 1947: If irregularity or illegality
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Industrial Disputes Act, 1947: If irregularity or illegality committed by a Tribunal touches upon the jurisdiction to try and determine over a subject dispute is altogether beyond its purview, that question would go to the root of the matter and it would be within the jurisdiction of the superior court to correct such error – In the facts of the present case, it is not the question of inherent lack of jurisdiction on the part of the Tribunal – The question of jurisdiction, as held by the High Court, was a mixed question of fact and law – In the instant case, the settlement of 19th September, 2016 was a settlement essentially between the contractors and workmen engaged by the former – The appellants were only consenting parties to the settlement – The dispute related to the question as to whether the workmen engaged by the contractors would be entitled to pay at par with other workmen of the employer and demand to that effect was raised with the appellants only – The respondent Unions claimed to be, in reality, employees of ONGC and the demand was raised upon the latter, and not on their contractors – The nature of their demand was thus different particularly as regards the status of the workmen, i.e., their claim to be workmen of ONGC – Thus, the settlement of 19th September, 2016, in which the employers were the contractors cannot bind the subject-dispute, where the appellants have been found to be the employer on the basis of materials considered by the High Court – Engagement by the contractors cannot be the sole basis for determining status as workmen of contractors – The High Court rightly affirmed the findings of the Industrial Tribunal that the settlement of 19th September, 2016 did not bind the workmen whose cause the respondent Unions were espousing – The finding of the Tribunal that the settlement involving implementation of the Fair Wage Policy (FWP) was not just and fair, which finding has been sustained by the High Court, is essentially a finding on facts based on appreciation of evidence – Such finding not tainted by any element of perversity – The scope of jurisdiction of the Industrial Court is wide and in appropriate cases it has the jurisdiction even to make a contract – Directives issued by the Tribunal, as modified by the High Court are reasonable and cannot be termed as perverse.
Judge	Hon'ble Mr. Justice Aniruddha Bose
Neutral Citation	2022 INSC 145
Petitioner	Oil And Natural Gas Corporation Ltd.
Respondent	The President, Oil Field Employees Association & Ors.
SCR	[2022] 19 S.C.R. 376
Judgement Date	2022-02-04
Case Number	1033

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