GAUHATI HIGH COURT ISSUES ORDER FOR JAKIR HUSSAIN AND 12 ORS V/S THE UNION OF INDIA AND 3 ORS

GUWAHATI, India, Nov. 12 -- Gauhati High Court issued the following order on Oct. 12:

1. Heard Mr. A Z Ahmed, learned counsel appearing on behalf of Mr. L R Mazumder, learned counsel for the petitioners. Also heard Mr. G N Sahewalla, learned Senior counsel appearing for the respondent No. 2.

2. The instant criminal petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, assailing the impugned order dated 11.11.2021 passed by the learned Chief Judicial Magistrate, Cachar, Silchar in C.R. Case No. 46/2015, whereby the learned CJM, Cachar, Silchar rejected the prayer of the petitioners to allow them to participate in the aforesaid proceeding pending before the learned CJM, Cachar, Silchar.

3. It is submitted that the ONGC limited engaged 290 workers including the petitioners at Cachar Project, popularly known as the Cachar Forward Base, Silchar, Assam.

4. The Union of the Workers, i.e., ONGC Contractual Workers Union raised a dispute for regularization of the workers in the service of the ONGC way back from 1990. However, on failure of any conciliation, a dispute was referred by the appropriate Government to the Central Industrial Tribunal, Guwahati for adjudication of the issue.

5. The Central Industrial Tribunal, Guwahati after registration of the reference as Reference Case No. 6(c) of 1990 passed the award dated 11.07.1994, whereby it was directed that the services of all the 290 contractual workers be regularized by the ONGC phase-wise, if not possible at a time, with pay and allowances as paid to the regular employees.

6. The aforesaid order dated 11.07.1994 was challenged by the ONGC before the Hon'ble Gauhati High Court in Civil Rule No. 3784/1994, wherein the Single Bench of the Hon'ble Gauhati High Court set aside the order dated 11.07.1994 vide it's order dated 08.09.1998.

7. Against the aforesaid order dated 08.09.1998, the Contractual Workers Union preferred an appeal before the Hon'ble Division Bench of the Gauhati High Court, which after hearing the parties vide it's judgment and order dated 24.12.1999 passed in Writ Appeal No. 269/1998 set aside the judgment and order dated 11.07.1994 passed by the learned Single Judge.

8. Though the ONGC management approached the Hon'ble Supreme Court against the order of the Hon'ble Division Bench of the Gauhati High Court, no effective order was passed by the Hon'ble Apex Court.

9. In view of the aforesaid facts and more specifically, in view of the award dated 11.07.1994 being not disturbed and attaining its finality, the workers approached the respondent No. 1, who is the competent authority under the Industrial Tribunal Act for necessary action.

10. The respondent No. 1, thereafter filed a fresh complaint before the learned CJM, Cachar, Silchar, which was registered as C.R. Case No. 46/2015.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfPRnU5gzKJhoVlrK4M412CAi2D5%2BhcsBtK8g01dnt1EG&caseno=Crl.Pet./263/2022&cCode=1&cino=GAHC010058872022&state_code=6&appFlag=)

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