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CASE NO.: Appeal (civil)  6607 of 2005

PETITIONER: O.N.G.C. LTD.

RESPONDENT: ENGINEERING MAZDOOR SANGH                        

DATE OF JUDGMENT: 08/02/2008

BENCH: ALTAMAS KABIR & J.M. PANCHAL

JUDGMENT: JUDGMENT

O R D E R I.A. NO.10 IN CIVIL APPEAL NO. 6607 OF  2005.

    This is an application filed by the respondent for clarification of the Judgment and  Order passed by us on  20th  November,2006, in Civil Appeal lNo.6607/05, whereby  we had disposed of the appeal in the following terms:         ’We, accordingly, dispose of this appeal by setting aside the  judgments and orders of both the learned Single Judge and the Division  Bench of the High Court and restoring the judgment and order passed  by the Tribunal. We, however, add that till such time as these 153  workmen are not absorbed against regular vacancies in the concerned  category no recruitment from outside will be made by the appellant.  Furthermore, even in matters of seasonal employment the said 153  workmen or the numbers that remain after regularization from time to  time, shall be first considered for employment before any other  workmen are engaged for the same type of work in the field.  The  appellant should make a  serious attempt to regularize the services of  the workmen concerned, in terms of the order passed by the Tribunal,  as quickly as possible, but preferably within a period of two years from  the dateof this order.\024       

       As will appear from the above direction, we had indicated that 153 workmen  concerned were to be absorbed against regular vacancies in  the concerned category in  terms of the Award passed by the Tribunal.  We had also indicated that the appellant  should make serious attempts to regularize the services of the workmen concerned,  in  terms of the said order of the Tribunal as quickly as  possible, preferably within a  period of two years from the date of this Order.         Mr. Ranjeet Kumar, learned senior counsel appearing in support of the application,  submitted that till today none of the 153 workmen have been regularized in terms of  our Order  or in terms of the Tribunal’s Order and instead  tenure appointments  were being given so as to frustrate the Order passed by us.  Mr. Ranjeet Kumar also  pointed out that the appellant was also obstructing the implementation of the  directions given by us  on the ground that the said 153 workmen were not eligible for  appointment in their respective category in terms of the eligibility criteria in existence  after 1994.         Having considered the submission made on behalf  of the respective parties, we  clarify our directions contained in our said Judgment and Order dated  20th  November,2006. by indicating that as far as the 153 workmen are concerned,                                                                  the eligibility criteria in their cases would be as was existing on the date of the  Tribunal’s judgment, namely, 6th June,1994.  We also make it clear that as far as age  bar is concerned, since the said 153 workmen had not been given any further  employment for 240 days after the judgment of the Tribunal, the condition which had  been indicated by the Tribunal regarding relaxation of age bar by giving one year’s

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relaxation to further 240 days would  apply in their cases.         Accordingly, we direct that if the said 153 workmen were barred on account of  being over-age oni8i the date of the order of the Tribunal, indicated hereinabove, the  directions given by us will apply to them as well.          The application for clarification is disposed of with the abovesaid directions.  The re will  be no order as to costs.