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Bombay High CourtWP/39/2018disposed off

Oil And Natural Gas Corporation Ltd. v. Transport And Dock Workers Union And ORS.

2017-12-21Hon'Ble Shri Justice A. K. Menon2 pages

hcs 906.w35431.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (L) NO.35421 OF 2017 Oil and Natural Gas Corporation Ltd.

.. Petitioner.

Vs.

Transport & Dock Workers Union & Ors.

.. Respondents.

Mr. S.C. Naidu i/b Gobindram D. Talreja & Associates for the petitioner. Ms. Firdous Moosa i/b Prakash Mahadik for respondent no.1. Mr. Abhay Kulkarni i/b Sandeep Mahadik for respondent no.2. CORAM : A.K. MENON, J.

DATED : 21ST DECEMBER, 2017 P.C. :

1.

By this petition, the petitioner - ONGC Ltd. has challenged the order dated 24th November, 2017 passed by the Central Government Industrial Tribunal No.1 in four References which are detailed in the cause title of the order. The Tribunal directed the petitioner to deposit diverse amounts payable to 248 workers in accordance with the deed of settlement dated 19th September, 2016 and to file a compliance report. The matter was adjourned for further directions to be reported by 15th December, 2017.

2.

In this petition, the contesting parties are the petitioner and the contractors engaged by the petitioner viz. the Union representing the all 1/2

906.w35431.17 248 workmen concerned who are scheduled to receive the diverse amounts as per aforesaid settlement. The parties have since arrived at a settlement and have tendered the Minutes of the Order. The minutes are signed by the Manager, Human Resources on behalf of the petitioner and the Secretary and President respectively on behalf of the respondent nos.1 and 2 and their Advocates. All counsel state that the signatories are duly authorised. The respondent no.1 - union is represented by Ms.Moosa, who has no objection to the consent terms and an order being passed in terms thereof. Mr.Kulkarni states that Respondent no.2 represents only a few workmen, who are not forming part of 248 workers and accordingly are not directly affected by the impugned order.

3.

In the circumstances, I pass the following order : (i) There will be an order in terms of the Minutes handed in which are signed by the parties and their Advocates and is marked "X" for identification. (ii) The undertakings contained in paragraph 8 of the Minutes are accepted. (iii) The petition is disposed of in above terms. (iv) The registry of Central Government Industrial Tribunal will act on an authenticated copy of this order along with an authenticated copy of the consent terms.

(A.K. MENON,J.) 2/2