WP(C) 5028/2010 BEFORE HON’BLE MR JUSTICE T VAIPHEI Heard Mr GN Sahewalla, the learned senior counsel assisted by Mr BK Das, the learned counsel for the petitioner. Also heard Mr MJ Quadir, the learned co unsel for the private respondent, who submits that he is also representing the r espondent No.1. This writ petition is directed against the orders dated 24.5.2010 and 21.6.2010 passed by the learned Central Government Industrial Tribunal-cum-Labour Court in Misc. Case No. 03/2010 directing the petitioner to engage the private responden t on tenure basis. It would appear that the issue of regularisation of services of seven boiler ope rators has been the subject of agitation by the Oil and Natural Gas Corporation Worker’s Association, Nazira, before the petitioner as well as the Union of Indi a, in the Ministry of Labour. The Ministry of Labour, Govt. of India vide requi sition letter dated 5.5.2008 directed the Tribunal (respondent No. 2) to adjudic ate upon this issue. The learned Tribunal accordingly registered a case being Re f. Case No. 05/2008. The grievance of the respondent No. 1 has now confined to the cases of five boiler operators as one of the operators, namely, Bipul Dutta has expired while another boiler operator, namely, Md. Merajul Haque has joined a new post under the ONGC. The case is pending before the learned Tribunal at t he stage of argument. These boiler operators had been last engaged on 9.12.2005 for a fixed tenure of four years, but their tenure came to an end by influx of t ime on 8.12.2009. Keeping in view the works requirement in the ONGC, the petiti oner decided to retain the boiler operators subject to fulfilment of three condi tions, one of which is that a worker should be medically fit to perform field du ties, for which certificate should be issued by the Medical Officer. While cond ucting the medical examination, the private respondent was found to be medically unfit as his eyes had been affected by the colour blindness. The case of the p etitioner is that as per Annexure V Clause V (e)(b) of Medical Examination of Em ployees Rules, 1996, colour blindness, partial or otherwise, is one of the disqu alifications for all technical services in ONGC. The grievance of the petitione r is that the learned Tribunal by overlooking this statutory provision has direc ted them to engage the private respondent on tenure basis. This is how this wri t petition came to be filed by the petitioner representing the Management of Ass am Asset etc. ONGC. The writ petition is contested by the respondent No. 1 and 3. The respondent No. 3 has filed his affidavit-in-opposition as well as addit ional affidavit. Though a number of contentions have been raised by both the pa rties, the controversy lies on a narrow compass, namely, whether the learned Tri bunal is correct in directing the petitioner to engage the private respondent on tenure basis in the face of Clause V (e)(B) of Medical Examination of the Emp loyees Rules, 1996, which prescribes colour blindness as disqualification for al l the workers services in ONGC. There is no dispute at the Bar that the private respondent suffered from colour blindness or at any area partial colour blindne ss. There is also no dispute at the Bar that the post of boiler operator is a t echnical service in ONGC. On the facts so found, the contention of the petition er is that the private respondent is not eligible for appointment as boiler oper ator on tenure basis. The learned Tribunal has acted illegally in issuing the i mpugned order, which cannot be sustained in law. Nevertheless, the petitioner, in fairness, has made a statement before this Court as well as before the learne d Tribunal that they are ready to engage the private respondent on tenure basis for a post for which he is eligible for appointment. It is, however, contended by the learned counsel for the private respondent that though the petitioner has assured this Court as well as the Tribunal time and again that the management i s giving accommodation to the private respondent in some other post, this assura nce has not fructified till now. On considering the case from all angles, this writ petition can be disposed of by directing the following orders : (1) The impugned orders of the Tribunal are hereby quashed; (2) The petitioner management is directed to accommodate the private respond ent in any other non-technical post on tenure basis, preferably on the same rank and pay within a period of three months from today. No costs.