Lok Sabha Question No. 4720 (UNSTARRED), answered on 2020-03-23
Subject: Challenging of Labour Awards
Ministry: PETROLEUM AND NATURAL GAS
Asked by: Ramcharan Bohra

## LOK SABHA UNSTARRED QUESTION NO.4720 TO BE ANSWERED ON 23 RD  MARCH, 2020

## Challenging of Labour Awards

## 4720.   SHRI  RAMCHARAN BOHRA:

पेट्रोलियम और प्राक ृ लिक गैस मंत्री

## Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state:

- (a) whether his Ministry had issued a circular on 08.11.2019 to all  the Ministries directing strict compliance  of the Government order dated 19.03.1999 providing that all  the Public Sector  Undertakings  under the Union Government  have to take prior permission in consultation with their respective Ministries, the Ministry of Labour and Employment and the Ministry of Law and Justice for challenging the labour awards passed by Central Government Industrial Tribunal-cum-Labour Courts  (CGIT-cumLCs) in higher courts;
- (b) if so, the details thereof;
- (c) whether  the  management  of  Oil  and  Natural  Gas  Corporation  Limited (ONGC),  Ahmedabad  has  challenged  the  labour  awards  passed  by  Central Government  Industrial    Tribunal-cum-labour  Courts  (CGIT-cum-LCs)  during  the financial  year  2017-2018  to  2019-2020  in  the    High  Court  in  violation  of  the Government order dated 19.03.1999 and without  taking  prior  permission from  his Ministry and if so, the details thereof, and
- (d) whether the Ministry has taken any action to ensure compliance of Government  orders  by  the  undertakings  under  its  control  and  taken  any  strong action  against  the  officers  of  the  said  undertakings    guilty  of  violating  the  said Government order and if so, the details thereof?

## ANSWER

पेट्रोलियम और प्राक ृ लिक गैस मंत्री ( श्री धमेंन ् द्र प्रधान )

## MINISTER  OF PETROLEUM AND NATURAL GAS (SHRI DHARMENDRA PRADHAN)

(a)  &  (b):    The  Ministry  of  Labour  &  Employment  has  issued  a  letter  dated 08.11.2019 to all Central Ministries for adhering to the screening procedure as provided  in  its  Office  Memorandum  dated  19.03.1999  before  challenging  the award in the Industrial Tribunals etc.

(c)  to  (d):  During  the  Financial  Year    2017-18  to  2019-20,  ONGC  Ahmedabad Assets challenged the two awards of CGIT,  before the Hon'ble High Court of Gujarat.  In  both  the  Awards  the  liability  was  cast  upon  ONGC  to  ensure reinstatement of the drivers (engaged by the contractors) and also to ensure the payment of back wages from the date of termination.  These drivers were not employed by ONGC and therefore, their reinstatement and back wages were not within the control of ONGC. One petition has been disposed of by the Hon'ble High Court with the direction to CGIT to have proper hearing in the matter before passing  of  Award.  The  other  petition  is  still  pending  before  the  High  Court  of Gujarat.

Ministry  of  Petroleum  and  Natural  Gas    has    circulated  the  letter  dated 08.11.2019  of    Ministry  of  Labour  &  Employment  to  all  Central  Public  Sector Enterprises  under  the  administrative  control  of  the  Ministry  of  Petroleum  and Natural Gas for information and appropriate action.

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