TENURE BASE & DIRECT EMPLOYEES
Tenure base employees:
The word tenure base is not just a simple word; it is the starting of wrong practice of employment in Company. It is the term base employment provided by Company, instead of regular employment. In other words it is the violation of labour law, implemented in biggest profit making company.
We the Petroleum Employees Union, one of biggest union in Oil and Gas industry, strongly opposed and protested such kind of employment in company in the past, at present and in future also.
Tenure base employment was introduced in Western Offshore Unit- drilling services in the year 2000, for the post of Rig man and Junior Assistant Technician-Electrical and Fitting discipline with limited facility under the recognition of our opposite union. Our union strongly opposed this vacancy at the time of introduction. Due to efforts of Petroleum Employees Union, in our recognition, all vacancies for unionized category created in ONGC before 2000, were all on regular basis only.
Due to our strong effort, Management agreed to consider these employees as a department candidate for regular vacancy.
In our recognition with the support of INTUC and other ONGC centralized unions, Petroleum Employees Union, forced Management to create regular vacancy for unionized category. In 2008 finally Management agreed to create departmental regular vacancy for unionized category employees in Mumbai offshore (WOU) and this was the initial starting of regular vacancy in ONGC after long term (since we lost the recognition)
It is very unfortunate that regular vacancy (unionized category) created in 2009-10, Management and opposite union (which was recognized union at that time), has not given preference to tenure base employees. Tenure base employees are still waiting for their regularization. Only Petroleum Employees Union can regularize these employees directly through departmental recruitment, as we had done in 2008. We also welcome new candidates belonging from Maharashtra but priority is to be given to our departmental candidates only.
From 1987 onwards, direct employees previously known as contract workman, joined ONGC under the private contractors in various categories and different establishments of ONGC.
At that time these workman joined our union and we raised a demand to absorb and regularize these workmen. After refusing the demand by ONGC Management, our union filed writ petition 2244 of 1991 before the Honorable Mumbai High Court and same petition was admitted and passed with interim order-Not to terminate the workman covered under Exhibit-A of the petition
The Honorable High Court directed to Central Government to appoint the committee to study job of these workmen, under the section 10 x (1) of Contract Labour (R and A) Act 1970. Accordingly CACLB appointed the committee. The study-committee has reported the recommendation to CACLB
CACLB considered the recommendation and sent report to Central Government for using notification dated 8th September 1994 for 13 categories prohibiting the employment of engaging contract labour. Even though ONGC Management has not implemented notification but continue contract labour on contract basis through the contractor.
The union filed fresh writ petition no.WP-401/1996 and WP no.1240/1996 for observing the same employees as covered under the notification. The said petition was admitted and the Honorable High Court passed the final order to observe and regularize these entire workmen, and give them wages and service conditions as per regular employee’s category.
Being aggrieved, ONGC went for appeal before Divisional bench of Honorable High Court, Mumbai under appeal no.1285 of 1996 and 1286 of 1996 for establishing the above order. The Court admitted the appeal and passed interim order to absorb all these workmen as per the order of single judge on 31st August 1996 which was to be effected from 01-04-1997. The ONGC Management absorbed the entire workman from 01-04-1997 and removed the contractor and gave the status of DIRECT EMPLOYEES to these workmen. The matter was finally heard on December 2001, dismissing single judge order. Then union went to Honorable Supreme Court for filling S.L.P no.301 of2003 and 300/2003 where the court directed the Industrial Court to find out the facts of the case. Union approached the Central Government for making reference to Industrial Court, and then Industrial Court admitted the reference, under reference no. dated 2/10/2003 which had been decided on 28th February 2011 where the award was passed in favor of workmen. The Industrial Court awarded that all these workmen are permanent workmen of ONGC and they should get appointment from their date of joining in ONGC who had already been absorbed as direct employees from 01-04-1997
ONGC challenged the above order before Honorable High Court, Mumbai under writ petition no.6216/2011 and again order was passed in favor of workman dated 08 Aug 2011 upholding the award of Industrial Court. The ONGC Management challenged the single judge order being L.P.Ano.337 of2011 in the civil application 402/2011. The matter was admitted and adds interim stay was granted, and ONGC was directed to maintain the status quo as it is. The matter was kept for final hearing of second week of June 2012. The union has been trying desperately with ONGC management to settle the issue of direct employee bi-lateral.