1. This intra court appeal is directed against the order dated 18.11.2014 passed by the learned Single Judge whereby he has allowed WP(C) Nos. 5958, 7372, 7381 and 7385, all of 2013. These writ petitions were filed by the Oil & Natural Gas Corporation Limited (ONGC) - Respondent No. 1 challenging the references of identical industrial dispute bearing Nos. 3 to 15; 23 to 38 and 42 to 57 of 2013. The references were made pursuant to industrial dispute raised by the respective appellants. Challenge was also made by Respondent No. 1 to the consequential notices issued by the Central Government Industrial Tribunal-cum-Labour Court, Guwahati (in short "Tribunal"). By the impugned judgment, all the references and also the consequential notices have been quashed on the ground that, in fact, no industrial dispute existed which required adjudication.
2. The appellants were recruited by Respondent No. 1 as Contingent Workers sometime in the year 1980 on daily basis. They were made to work different kinds of unskilled jobs, for which wages were paid to them. The appellants and other similarly situated workers claimed regularization and absorption of their services to which Respondent No. 1 did not agree. This became a cause for an industrial dispute between the management of Respondent No. 1 and its workers. Ultimately, after lot of deliberations, on 27/28.1.2001, the dispute was settled in the presence of Conciliation Officer as provided under Section 12 of the Industrial Disputes Act, 1947 (in short "Act'). The management of Respondent No. 1 and two Unions of workers, namely, ONGC Din Mazdoor Union (CITU) and Tripura ONGC Shramik Union (INTUC) had effectively participated in the conciliation proceedings before the Conciliation Officer. The terms of settlement were reduced in writing and thereafter acted upon by the parties. The terms of settlement read as under:-
"Terms of Settlement
1. Management agreed that re-engagement process of contingent workers (180 days category) shall be started with effect from 1.2.2001 for the field season 2000-2001 only.
2. It is agreed that one time lump sum terminal benefit payment of Rs. 3500.00 (Rupees Three Thousand five hundred only) per head per field season against their continuous past service shall be paid to all the workers whose services shall stand disengaged after the completing of 2000-2001 field season.
3. Terminal benefit shall be calculated as under
i) Persons completing 120 days and more in the field season shall get full amount Rs. 3500.00.
ii) Persons completed more than 45 days and less than 120 days shall be paid on pro rata basis assuming 180 days as field season.
iii) No payment shall be made to the contingent worker who has worked less than 45 days.
4. The amount shall be full and final settlement inclusive of all statutory liability and payment shall be made by 30.6.2001 except CPF final claim. Union demanded, if in the other areas/region settlement reached with terminal benefit of Rs. 3500.00 excluding stator benefit, in such event the said statutory benefit shall be given to GP-27 field party workers Management agreed to.
5. Management agreed to clear all kills & liveries items in the present field season which are due.
6. Payment of ex-gratia for present season i.e. 2000-2001 field season shall be paid on proportionate basis as per their attendance during field season.
7. Both the parties agreed to withdraw court cases if any pending before any court of law.
Implementation
All the parties agreed to implement the agreement with proper spirit and cooperate in maintaining industrial peace and harmonious relation and also withdraw all agitation if any. Implementation report of the settlement shall be sent to RLC(C) Guwahati ALC(C), Silchar within 30 days after completion of field season i.e. 2000-2001 by the parties concerned jointly or separately, failing which it will be presumed that settlement has been implemented.
Manag........