Supreme CourtDivision Bench(2009) 03 SC CK 0242

Oil and Natural Gas Corporation Ltd. vs The Petroleum Employees Union and Others

Supreme Court Of India · Decided on 30 March 2009

HON’BLE JUDGES
S. B. Sinha, J · Mukundakam Sharma, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No''s. 2383-2384 of 2009 (Arising out of SLP (C) No''s. 18357-18358 of 2005) , Civil Appeal No''s. 2386-2387 of 2009 (Arising out of SLP (C) No''s. 17615-17616 of 2005) , Civil Appeal No''s. 2388-2389 of 2009 (Arising out of SLP (C) No''s. 17

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Judgment

5 paragraphs · 171 words
1.

Leave granted.

2.

Having heard the learned Counsel for the parties, we are of the opinion that keeping in view the decision of this Court in Steel Authority of India Ltd. and Others etc. etc. Vs. National Union Water Front Workers and Others etc. etc., , the question as to whether the contract between the contractor and management of O.N.G.C. was sham or not, should be decided by the Industrial Tribunal. We, therefore, are of the opinion that the interim relief, if any, prayed for by the workmen may also be determined by the said Tribunal.

3.

However, keeping in view the passage of time as also the interim order of stay passed by this Court on 25.8.2005, paragraph 8 of the impugned order need not be implemented till any appropriate order is passed by the Tribunal.

4.

It is needless to say that all contentions of the parties, including the question of maintainability of the reference, shall remain open.

5.

The appeals are disposed of with the aforementioned direction.