Harish C. Brahmbhatt and Others vs Oil and Natural Gas Commission and Others

D.H. Waghela, J.—Rule. Learned Counsel for the Respondents waive service. During pendency of the petition and the LPA, the applicants have approached for the third time for revising their wages in terms of successive office orders issued by Respondent No. 1. Two earlier orders granting similar relief have been carried in appeal, but the orders have been confirmed. According to the later order dated 20.12.2005 of Division Bench of this Court, the applicants in Civil Application No. 7155 of 2005 in LPA No. 550 of 2004 stated the background of facts in brief and about those facts there is no dispute. Thus, the undisputed and relevant facts are that the applicants have been deployed as security guards on the installations of ONGC for over 20 years and their prayers to direct the Respondents to revise wages in terms of the orders of the ONGC have twice been granted. Initially, the applicants were paid daily wages @ Rs. 98/- which was revised to Rs. 150/- by virtue of order dated 20.10.2000 in C.A. No. 7111 of 2000 in SCA No. 2235 of 1986. Later on, the minimum daily wages fixed at Rs. 150/- were revised to Rs. 190/- in terms of order dated 09.7.2004 as amended on 10.10.2004 of the ONGC, pending the appeal. While revising daily wages from Rs. 150/- to Rs. 190/-, the Division Bench noted in its order dated 20.12.2005 that at least during pendency of the appeal, the applicants could not be deprived of the benefit of revised minimum daily wages as per the office orders dated 09.7.2004 and 19.10.2004 of the ONGC. It was also noted that the applicants did not pray for regular pay-scale and allowance at par with regular security guards employed by the ONGC, but they claimed revised daily wages payable and being paid to contingent/casual unskilled workers rendering services to the ONGC, which was the lowest category of employees working under the ONGC. That order of the Division Bench was carried in appeal by way of SLP (Civil) No. 3554 of 2006 and it was disposed, without interfering with the aforesaid order, with the observations as under:

... This, in our opinion, appears to be reasonable as that is the rate of minimum wages being paid by the Oil & Natural Gas Commission (now incorporated as Oil & Natural Gas Corporation Ltd.) to other similarly situated employees also.

... As the bread and butter of the small labourers are involved in the matter, we request the High Court to expedite the hearing of the L.P. As and dispose of the same preferably within a period of six moths.

With the above record of proceedings, the present application is made with the prayers to direct the ONGC to pay wages @ Rs. 350/- per day with effect from 01.10.2008 as provided in the office order dated 20.12.2010 of the ONGC.

There is no dispute about the fact that the Respondent ONGC has issued office order dated 20.12.2010, according to which the lowest minimum rate of daily wages for contingent worker is fixed at Rs. 350/- and there is no other category of workers to whom lesser wages could be paid. It was submitted by learned Counsel Ms. Harshal Pandya, appearing for the applicants, that the main appeal could not be heard for final disposal in spite of their readiness and willingness to argue the appeal, but the applicants cannot be made to suffer on that account in view of the constant rise in cost of living index.

Learned Counsel Mr. Naik, appearing for the ONGC, submitted that they were also ready and willing to have the main appeal heard on merits for final disposal. In fact, it was under such circumstances that the following order was initially made herein on 16.3.2011:

Leave to amend the prayer clause. Learned Counsel, Mr. K.B. Naik, appearing for the Respondent sought time to take necessary instructions for making appropriate statement before the Court. Present application shall be listed along with main Letters Patent Appeal No. 550 of 2004 for final hearing on 6th April 2011, with the understanding that Letters Patent Appeal as well as Civil Application may be peremptorily heard on that date and no further adjournment may be granted in view of order dated 11.9.2006 of the Apex Court in SLP (Civil) No. 3554 of 2006, which is now brought to the notice of this Court.

In spite of the above order, the main appeal could not be heard on the appointed date or the subsequent date to which hearing was adjourned either on account of absence of learned advocate or the court being occupied with some other urgent matters.

In the above facts and circumstances, there is no reason why order on the same line as the order dated 20.12.2005 of the Division Bench in C.A. No. 7155 of 2005 should not be made for immediate relief and sustenance of the applicants. Accordingly, the application is allowed with the direction that Respondent Nos. 1 and 2 shall pay to the applicants the revised daily wages @ Rs. 350/- with effect from 01.10.2008 till and subject to such further orders as may be made in the main appeal. The Respondents are directed to pay the arrears due latest by the end of May, 2011. Rule is made absolute with no order as to costs.

The appeal shall be listed for final hearing on 27.04.2011, as suggested and agreed by learned Counsel on both sides.