thankappan vijayamma sunil (service ) 18 December 2020

Contempt of court against ongc

Sir recently regarding ONGC 577 termbase case the Honourable Supreme Court vide its order dated 13th February 2020 gave its order that we are of the view that the Corporation must treat the concerned works which include 111 out of these 577 employees who have been regularized earlier to be in regular employment on and from the date on which the industrial dispute was referred i.e. 21.12.2004 and accordingly grant all actual benefits from the

Said date till 01.04.2013. The other directions that have been given by the learned Single Judge will remain intact. It allows the appeal in the aforesaid terms.

Sir currently my case related to ONGC 577 termbase employees case is lying pending at Labour Court CGIT Ahmedabad Gujarat

My query is can I file a contempt of court against ONGC when my case related to 577 is pending at labour court (at the last stage of argument and decision) since again ONGC denied to pass on the benefit to me. Kindly suggest and guide

Regards,

Sunil Baroda

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Quick Summary

This discussion concerns a Supreme Court order from February 2020 regarding 577 ONGC term-base employees. The court directed ONGC to treat 111 regularised employees as being in regular employment from December 2004 and grant them benefits until April 2013. The original poster is asking if they can file a contempt of court against ONGC because the company has denied them benefits, even though their specific case is still pending at the Labour Court in Ahmedabad. The advice given suggests that filing for contempt while a related matter is sub judice (pending a decision) is unlikely to succeed, but the two cases appear intertwined.

4 Replies

P.S.Subbaraman (Advocate) 19 January 2021

When matter is subjudice before Labour Court and is pending for determination, I doubt very much about the filing of Contempt of Court. Whether the Labour Court Matter and the Supreme Court order are intertwined with each other is not clear. Contempt will have to be filed within the period of Limitation even if any.