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2025 DAILYLAW 13161 (GAU)

MOTOR WORKERS UNION O.N.G.C. (L) v. THE OIL AND NATURAL GAS COMMISSION LTD. AND 6 ORS.

WP(C)/3517/2018 · 2025-07-29

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010113002018 2025:GAU-AS:9836 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3517/2018 MOTOR WORKERS UNION O.N.G.C. (L) NAZIRA, SIVASAGAR, ASSAM, REP. BY ITS PRESIDENT NAZIMUDDIN AHMED (49), S/O- MD. GIASUDDIN AHMED, B.M.S. OFFICE, NAZIRA, DIST- SIVASAGAR, ASSAM VERSUS THE OIL AND NATURAL GAS COMMISSION LTD. AND 6 ORS. REP. BY ITS MANAGING DIRECTOR, 5 NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110070 2:THE DY. GENERAL MANAGER (LOGISTICS) OIL AND NATURAL GAS COMMISSION NAZIRA SIVASAGAR ASSAM PIN-785640 3:THE DY. GENERAL MANAGER (H.R) OIL AND NATURAL GAS COMMISSION NAZIRA SIVASAGAR ASSAM PIN-785640 4:THE UNION OF INDIA REP. BY THE LABOUR AND EMPLOYMENT MINISTRY RAFI MARG SANSAD MARG AREA NEW DELHI 110001 5:THE REGIONAL LABOUR COMMISSIONER (CENTRAL) GOVT. OF INDIA Page No.# 2/4 DIBRUGARH ASSAM PIN-786001 6:SIVASAGAR DISTRICT O.N.G.C. TRANSPORT CONTRACTORS ASSOCIATION B.G.ROAD SIVASAGAR DISTRICT SIVASAGAR ASSAM PIN- 785640 7:THE PROVIDENT FUND COMMISSIONER NORTH EASTERN REGION DISTRICT OFFICE NEAR DHALAHATRA PRESS JAIL ROAD JORHAT ASSAM PIN-78500 Advocate for the Petitioner : MR. A GANGULY, MR. S BORAH,MR T CHHETRI Advocate for the Respondent : MR. P K ROY (R7), MR A CHAKRABORTY (R7),MR. S K CHAKRABORTY (R7),MR G N SAHEWALLA (R1-R3),MR. N ANIX SINGH (R1-R3),MS. N K DEVI (R1-R3),MR. M SAHEWALLA (R1-R3) Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 30.07.2025 Heard Mr. A. Ganguly, learned counsel for the petitioner and Mr. G. N. Sahewalla, learned senior counsel, assisted by Mr. A. Singh, learned counsel appearing for the ONGC, i.e. the respondent nos.1, 2 & 3 herein. 2. The present Writ Petition was instituted by the petitioner, herein, praying for a direction upon the respondent authorities for releasing the outstanding wages of the members of the petitioner union in terms of the Fair Wages Policy introduced by the respondent no.1/Company on 19.01.2017. 3. The learned counsel for the petitioner has submitted that in the present proceedings he would be pressing only the above noted relief sought for in the Writ Petition and would not be pressing the other relief so sought for. 4. This Court vide order dated 15.06.2022, appreciating the submissions made by Mr. G. N. Sahewalla, learned senior counsel, appearing for the ONGC, that there was an attempt to resolve the issue, had posted the matter today for further consideration. 5. Mr. G. N. Sahewalla, learned senior counsel, appearing for the ONGC, has submitted that on 17.08.2022, an additional affidavit was filed on behalf of the respondent nos.1, 2 & 3, and therein, it was brought on record that the erring contractors had already cleared the wages of the members of the petitioner union in terms of the Fair Wage Policy framed by the ONGC and accordingly, no further issue arises in the present proceedings for adjudication by this Court. 6. Responding to the above, Mr. A. Ganguly, learned counsel for the petitioner union has submitted that while he accepts the projections made by the respondent no.1/Company in the additional affidavit filed on 17.08.2022, he however submits that Page No.# 4/4 there are a few other members of the union who are still to be released their wages under the Fair Wage Policy framed by the ONGC. 7. In view of the said submissions of the learned counsel for the parties, this Court holds that the wages of the majority of the members of the petitioner union has already been cleared by the erring contractors involved, in terms of the Fair Wage Policy formulated by the respondent no.1/Company. Accordingly, no further live issues arises for adjudication by this Court in the present proceedings. 9. Accordingly, the Writ Petition stands closed. 10. Closure of the present Writ Petition would not bar the ONGC authorities, to further examine if any member of the petitioner union is still to be released his wages in terms of the Fair Wage Policy, provided such member[s] of the petitioner union individually approaches the authorities of the respondent no.1/Company, by way of filing a representation in the matter. 11. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Comparing Assistant