OIL INDIA LIMITED| LEGAL DEPTT...in discharging their statutory functions under the RTI Act. RTI STATUS FOR THE YEAR 2016-17 (AS ON 31.03.2017) Sl. Total Applications Closed Pending

ANNUAL REPORT

LEGAL Department (FHQ)

(2016-2017)

OIL INDIA LIMITED| LEGAL DEPTT 2017

Page | 2

PREAMBLE

Oil India Limited being a Government of India Enterprise, is engaged in the

exploration and production of crude oil and natural gas is under the mandate to

comply with various Government Circulars and Notifications besides dealing with a

number of legal provisions, clearances and formalities and the Legal Department is

committed to ensure smooth compliance of the same.

OIL, in the recent past has explored new horizons by venturing into the global

markets and therefore has to comply with a wide spectrum of National and

International laws. The Legal Department is dedicated to guide and appraise the

Management in its decision making process which is in tandem with the laws

governing the E&P Industry.

Oil India Limited by virtue of being a ‘State’ under Art 12 of the Constitution is

expected to ensure compliance with the principles of Natural Justice, fairness, equity

and uphold the Fundamental Rights of Citizens. With this objective, the Legal

Department is committed to ensure that justice and fair play is observed in the day-to-

day functions and all decisions of OIL.

Objectives:

To provide strategic and proactive opinions on various legal

aspects.

Minimize exposure to litigation risks.

Ensure legal compliances under various Statutes.

Discharge its role as an educator and updating the Management

on new judicial developments.


Page | 3

FUNCTIONS OF LEGAL DEPARTMENT

The Legal Department is involved in providing legal opinions on issues arising in

operational activities. We are responsible for monitoring the progress of court cases,

filing required replies at various stages and researching on the legal position as per

judgments of higher courts in support of a case. The Department plays a pivotal role

as a crucial link in coordinating with the empaneled counsels and the concerned

departments and the Company as a whole. The functions of the Department can be

broadly summarized as under:

To provide in-house legal opinions.

To appear before Statutory Authorities and monitor various cases before

the Courts, Tribunals and Statutory Authorities.

To co-ordinate with the concerned departments in connection with the

Court cases.

To brief the Legal Counsels/Advocates in the matters relating to Court

cases.

Preparation of para-wise comments and draft replies to various Suits,

Writ Petitions, Applications etc. and file before the Courts after finalizing

with the Advocates.

To guide and assist various departments to ensure legal compliances.

Drafting of Agreements, Contract Terms & Conditions, MoUs, Legal

Notices, Show Cause Notices, Replies etc.


Page | 4

RIGHT TO INFORMATION CELL

With the enactment of the RTI Act, 2005, all the Public Authorities are required to

disseminate information to any Citizen who applies for the information relating to

the Public Authority. OIL also, being a Public Authority as defined in Sec. 2(h) of

the Act, required to discharge all the obligations under the Act. All its spheres have

their designated Central Public Information Officer, (CPIO) Central Assistant

Public Information Officer (CAPIO) and the Appellate Authority to perform the

functions provided under the Act.

In FHQ, Duliajan, presently the RCE acts as the Appellate Authority and GM

(FHQ Affairs) acts as the CPIO, whereas CM-Legal acts as the CAPIO. The Legal

Department looks after the functions of RTI Cell and assists both the Central

Public Information Officer and the Appellate Authority in the Field Headquarters,

in discharging their statutory functions under the RTI Act.

RTI STATUS FOR THE YEAR 2016-17 (AS ON 31.03.2017)

Sl. Total Applications Closed Pending First Appeal Second

Appeal

No Received Files Applications before RCE

before CIC

1. 256 236 29 13 6

: All the Appeals before CIC have been disposed of.


Page | 5

TECHNOLOGY UPGRADATION:

E-Legal Compliance: An initiative has been taken by our Corporate Legal Department to implement new technology and technological upgradations in the organization during the last financial year, by introducing an online tool namely, E-Legal Compliance. The Legal Department at FHQ monitors and coordinates towards implementation of the same in the Field Headquarters. Online RTI: In line with the Government directives, the RTI Cell has started processing and disposal of RTI Applications though the new Government website namely, RTI Online. The processing of RTI Applications though the online mode has eased the process of disseminating information though a very quick, less cumbersome and cost effective method. Ensuring the motto of the RTI Act, online RTI Applications has enabled citizens to seek information through the click of the button and has also enabled the CPIO’s to respond to the queries faster or in some cases transfer Applications to the rightful Authority. Moreover, the RTI Cell, FHQ have initiated the process of storing/record keeping the Off-line RTI Applications received after 1.11.2016 in the digital format thereby enabling the RTI Cell to function in an efficient and cost effective manner.


Page | 6

ACHIEVEMENTS IN THE YEAR 2016-17

A total no. of 21 cases has been disposed of last year, out of which 20 Cases are

decided in favour of OIL resulting to a receipt of around Rs. 2.45 Crores by the

Company. Besides, a liability amounting to Rs. 3.40 Crores have been reduced under

the decided Cases/Proceedings. In addition to the same, we have been successful

towards settling various cases/issues related to other spheres in OIL like CoEES,

PHQ, in favour Company. In few cases, proactive and suitable actions have been

initiated against the Agencies infringing Company’s Rights on Trademark, Copy right

etc., before the Appropriate Authorities.

Provided 145 number of legal opinions to various departments of OIL on a wide range of issues concerning critical interpretations of clauses in a Contract, Statutory provisions, Tender documents, change in status of bidders/contractors, conversion of Firms, Recruitments, Service related issues, Disciplinary proceedings, damages in a breach of contract, Contract Labour issues etc.

Vetted and settled 25 legal documents viz. MoUs, Agreements, Show Cause Notices etc.

Drafted various legal instruments like Affidavits, Power of Attorneys, Undertakings, Bonds, Lease and license Agreements, Replies to various Legal Notices, Show cause Notices, replies to statutory authorities etc.

Details of Suits/Misc. Cases/Writ Petitions etc. filed in the High Court/District Court during the year:-

Filing Party

No. of cases filed in High Court

No. of cases filed in District Court & in Arbitrator.

Related Subject:

Against OIL 23 14 High Court: Contract/Purchase: 05 Recruitment/ Retiral Benefits: 09 Safety & Environment: 01 Planning/GMS: 01 PA/CSR: 03


Page | 7

Security/Admin: 03 G&R: 01 District Court/Labour Courts/ Arbitration: Contract/Purchase: 05 ER: 06 Land: 02 Civil: 01

By OIL 03 01 High Court: F&A/Provident Fund:01 Contract/Purchase: 01 Land: 01 District Court/Labour Courts: Finance & Accounts: 01

Court Cases and Arbitration Proceedings:

The total number of cases pending in various District Courts, High Court and Statutory Authorities are as on 31.3.2017 is 73.

The total number of Arbitration proceedings in progress is 3.

The total number of cases disposed of during the period of 2016-2017 is 20.

35

2 2 1 0 0 0

30

1 2 0 0 3

0 0 05

10152025303540

Dibrugarh Tinsukia Guwahati Aizawl Kolkata &Siliguri

District Court

High Court

StatutoryAuthoritiesArbitration


Page | 8

LIST OF CASES DISPOSED OF IN 2016-17

Sl

No

Case No./

Court

Parties Brief of the Case Order/Judgment Empaneled

Advocates

Concerned

Dept.

1. W P (C)

No.

4097/2014

Gauhati

High Court

Punj Lloyd

Upstream

Ltd.

-Vs.-

OIL & Ors.

OIL awarded a tender for

charter hire of Rig to the

Petitioner in which he failed to

submit PBG and mobilise the

Rig even after delay of 2

years. Hence, OIL

terminated/cancel LOA

besides encashment of PBG

and floated fresh tender.

The High Court

dismissed the WP

and consequently,

OIL invoked PBG of

Rs 2.20 crores.

M/s. Steel

& Hadow,

Guwahati

Contract

2. WP (C)

No. 5830

/2016

Gauhati

High Court

Campaign

Advertising

Service Pvt.

Ltd.

-Vs.-

Oil India

Limited.

Petitioner challenged the

Expression of Interest dt

10.09.2016 where tenders

were restricted among the

advertising agencies having

registered office in NE. OIL

submitted to withdraw the EoI

and place fresh advertisements

specifying that all advertising

agencies having branch offices

in NE shall be entitled to

submit tender.

The High Court

disposed of the

petition giving

liberty to OIL to

issue fresh tender.

Shri S N

Sarma

Sr.

Advocate

Public Affairs

3. WP (C)

No.

148/2017

Gauhati

High Court

Sanjeev

Rajput

-Vs.-

Oil India

Limited

& Ors.

OIL granted an amount of Rs.

6, 55,000/- for construction of

boundary wall of school and

the Principal was a member of

the Construction Committee

which was later reconstituted

by an Order of DC Dibrugarh

hence, the Petitioner filed this

petition against the State of

Assam and made OIL as

necessary party.

The Court dismissed

the petition and also

stated that OIL is

not a necessary party

in the instant case.

Shri S N

Sarma

Sr.

Advocate

Public Affairs

4. WP (C)

No.

197/2017

Gauhati

High Court

Suraj Pratim

Phukan

-Vs.-

Oil India

Limited

& Ors.

The Petitioner claimed to be

an employee of OIL in the

Drilling Dept, Narengi and

demanded wages since his

appointment (2013) and

prayed for regularization of his

employment on the basis of a

Letter of Appointment, which

appears to be fake and hence

was strongly objected by OIL

The Court dismissed

the petition on

submission of

withdrawal by the

Petitioner.

Shri S N

Sarma

Sr.

Advocate

Employee

Relations

5. WP (C)

No. 7294

/2016

Driplex

Water

Engineering

The petitioner was

unsuccessful in uploading their

bid in the OIL’s e-portal

The Court held that

entertaining the

prayer of the

Shri S N

Sarma

Sr.

Contracts


Page | 9

Gauhati

High Court

Pvt. Ltd.

-Vs.-

The State of

Assam &Ors.

against tender No.

CPG1606P17 and therefore

alleged a fault in OIL’s e-

portal thereby depriving the

petitioner from submitting its

bid.

Petitioner would

amount to altering

the tender

conditions, which is

not permissible.

Further held that WP

is devoid of merit

and accordingly

dismissed the

petition.

Advocate

6. WP (C)

No. 5991

/2016

Gauhati

High Court

Madhurjya

Nath &Ors

-Vs.-

The Union of

India &Ors.

Petitioners through this writ

petition demanded the increase

of upper age limit upto extra 5

years against the vacancy

notification dated 13.08.2016.

The Gauhati High

Court held that no

legal or fundamental

right of the

petitioners have

been violated and

disposed of the

petition with a

direction to OIL to

re-examine the

matter of relaxing

the upper age limit.

Accordingly OIL

passed its Order on

12.10.2016.

Shri S N

Sarma

Sr.

Advocate

Public Affairs

7. PIL No.

54/2016

Manjuli Dev

-Vs. -

Union of

India &Ors

A PIL has been filed

challenging the decision of the

Government of India towards

auctioning of 12 Oil Fields in

Assam and contended that the

said decision would open

opportunities to private parties

and foreign competitors to

extract crude oil from

productive oil fields.

The Court held that

PIL is misconceived

and is filed without

any cause. The

Court while

dismissing the PIL

observed that

negative impact on

the State is unlikely

if the concerned

oilfields which are

lying fallow since

many decades can

be made productive

through ingestion of

high end technology.

Shri S N

Sarma

Sr.

Advocate

G&R

8. WP (C)

No.

2272/2016

Arunachal

Thinner &

Paint

Industries

Ltd.

-Vs.-

Oil India Ltd

&Ors.

The Petitioner alleged that it

could not upload its bid in

tender No. CD19279P16 for

sale of condensate recovered

from OIL’s LPG plant due to

non-functioning of OIL’s e-

portal. OIL submitted that 10

other bidders were able to

successfully submit its bid.

The High Court

dismissed the writ

petition at the first

hearing finding no

merit.

Shri S N

Sarma

Sr.

Advocate

Materials


Page | 10

9. WP(C) No.

1326/2016

Sri Chandan

Dey

-Vs. -

Oil India

Limited

& Ors.


Clause 3 (iv) of Recruitment

Policy of OIL which prohibits

recruiting any person whose

member of the family is in

service of OIL. Petitioner

contended that he was selected

for Unskilled Workman on

21.08.2001, but due to the said

Clause he was not appointed to

the said post.

The Hon’ble High

Court dismissed the

Petition and held

that the Petitioner

was never selected

for the said post on

the basis of the

interview held on

01.04.2000 since he

could not show any

documents that he

was selected in the

selection process

made in the year

2000 and also

observed that he has

approached the

Court after sixteen

years of selection

process

Shri S N

Sarma

Sr.

Advocate

Employee

Relations

10. WA No.

376/2014

& Review

Petition on

the Order

dated

26.05.2016

Khetradhar

Gogoi

-Vs. -

Oil India Ltd

&Ors

Appellant challenged the

selection process of Junior

Engineer, in an earlier Writ

Petition which was dismissed

on the ground that some of the

available posts should have

been earmarked for Ex-

servicemen, wherein the

Appellant also appeared in the

written test and interview but

failed to be selected. Being

aggrieved, he preferred the

Writ Appeal. The Appellant

had also filed a Review

Petition on the dismissal Order

by the Division Bench, which

was also been rejected.

The Court dismissed

the Appeal and held

that the Appellant

participated in the

selection process

without any protest

knowing well that

no posts were

reserved for Ex-

servicemen and

therefore, he

belatedly challenged

the process of

selection after he

failed to qualify.

Shri S N

Sarma

Sr.

Advocate

Employee

Relations

11. WP © No.

1209/2015

Mitu Moni

Deka

-Vs.-

Oil India

Ltd.& Ors


cancellation of his provisional

selection to the post of

Tradesman- I, Grade- I on the

ground of medically unfit

declared by OIL Medical

Board of OIL vide letter dated

27.01.2015 issued by OIL.

Gauhati High Court

dismissed Writ

Petition and held

that since the finding

of the Medical

Board has not been

put to challenge it is

not inclined to

exercise its writ

jurisdiction.

Shri S N

Sarma

Sr.

Advocate

Employee

Relations

12. WP(C) No.

2946/2016)

Feroz

Konwar

-Vs.-

The Petitioner had been

blacklisted by IOCL and

accordingly he was ineligible

The High Court held

that it would be

inappropriate for the

Shri S N

Sarma

Sr.

Contracts


Page | 11

Oil India

Limited

& Ors.

to participate in the tender

process for hiring of browser

(oil tankers). But OIL allowed

the Petitioner to participate in

the Tender process, without

knowing the blacklisting

Order.

Court to direct

hiring of the oil

tankers from the

Petitioner and hence

no relief was granted

to the Petitioner.

Advocate

13. WP(C) No.

1758/2016

Kailash

Balmiki &

Ors

-Vs.-

Oil India

Limited

& Ors.

The Petitioners claimed to be

the members of Oil India

Pension Fund and that they

were appointed prior to

14.10.1981 on temporary

basis.

High Court disposed

of the WP with a

direction to OIL to

pass a speaking

order after a

representation from

the Petitioners.

accordingly, OIL

passed a detailed

Speaking Order on

3.05.2016.

Shri S N

Sarma

Sr.

Advocate

Employee

Relations

14. WP(C) No.

7204/2015)

Oil Khad

Surakhya

Labour

Union

-Vs.-

Oil India

Limited

& Ors.

Petitioner sought direction

from the Court to increase the

daily wages of the members of

the Petitioner’s Association at

par with the Listed WCLs and

absorb/ regularize their service

in OIL.

OIL contended that

Petitioner’s Association is not

registered body under the

Societies Registration Act and

hence the WP is not

maintainable

The Hon’ble High

Court dismissed the

writ petition on

withdrawal by the

Petitioners.

Shri S N

Sarma

Sr.

Advocate

Employee

Relations

15. W P (C)

No.

1764/2015

Sabitri Chetia

-Vs.-

OIL & Ors.

Petitioner through this Petition

claimed the gratuity amount

payable to her deceased

husband by OIL. That the

husband of the Petitioner was

an employee of OIL and had a

negative earning due to his

absence for 244 days and

accordingly Company decided

to adjust the negative earning

against the Gratuity amount

payable to the deceased

husband of the petitioner.

The Hon’ble High

Court after hearing

both the sides has

disposed of the writ

petition and held

that the deduction

made by the

Company is valid.

However, the Court

directed to release

the admitted balance

amount Rs. 48,492/-

by the Company

towards payment of

gratuity to the

Petitioner.

Shri S N

Sarma

Sr.

Advocate

Finance/

Employee

Relation

16. W P (C)

No.

Protim Patni

Dey


termination Order dt

The High Court

quashed the

Shri S N

Sarma

Employee

Relation/


Page | 12

3980/2015

-Vs.-

Oil India

Limited

& Ors.

16.08.2012 dismissing him

from service where he was

serving as Graduate teacher in

Oil India HS School.

Termination Order

directing OIL to

reinstate the

Petitioner and

ordered to complete

the disciplinary

proceedings

Oil India

Higher

Secondary

School

17. WP(C)

4599/2016

Gauhati

High Court

Manjula

Goswami

-Vs-

Union of

India & Ors.

The Petitioner challenged the

decision of the Principal, DPS,

Duliajan for denying

admission in Science stream to

her daughter in Class XI,

alongwith claim for

compensation of RS. 10 lakhs.

The High Court held

upheld OIL’s

contention that DPS

is not “State”

u/Article 12 of the

Constitution and

hence no writ lies

against it.

Shri S N

Sarma

Sr.

Advocate

Admin.

18. Misc. Case

No.

2863/2014

In W P (C)

No.

3986/2014

M/S Shiv-

vani Oil &

Gas

Exploration

Services Ltd.

-Vs-

Union of

India & Ors.

The LOA /contract for charter

hire of Rig awarded to M/s

Shivani was terminated and

the party challenged OIL’s

notice of eviction and removal

of materials from the location

MZ-8 at Mizoram. The drilling

work was already allotted to a

3rd party but the same is made

subject to the result of the Writ

Petition.

The Learned Court

opined that the relief

sought through the

Misc. Case is

considered to be

untenable and the

same is therefore

rejected.

Shri S N

Sarma

Sr.

Advocate

Contract/

Finance

19. TS No.

18/2015

District

Court,

Dibrugarh

Roma Dey

-Vs-

Oil India

Limited

& Ors.

The Plaintiff being the

Nominee claimed the terminal

benefits of her husband against

the mother of the deceased and

OIL.

The suit was

dismissed on

withdrawal.

M/s Steel

& Hadow,

Dibrugarh

Finance/

Employee

Relation

20. Misc (J)

Case No.

33/2016

Tuniki Neog

-Vs.-

Mitharam

Neog & Ors.

Plaintiff prayed for temporary

injunction retraining the

defendants, including OIL,

their agents and workers from

receiving and releasing the

retirement benefits of Sri

Mitharam Neog, an OIL

Employee. OIL was made as a

Proforma Defendant in this

case.

The Court of

Munsiff No. 2,

Dibrugarh, rejected

the Plaintiff’s prayer

for injunction

against the release of

the retirement

benefits of the

Defendant

employee.

M/s Steel

& Hadow,

Dibrugarh

Employee

Relations

21. W.P.(C)

no.

5736/2013

Oil India

Limited Vs.

RPFC,

TINSUKIA

& Ors

OIL filed a the petition before

The High Court challenging an

Order dated 12.08.2013 of

RPFC, Tinsukia wherein a

Damage Claim of around Rs.

The High Court has

admitted OIL’s

prayer and directed

RPFC to review its

determination of

Shri S N

Sarma

Finance


Page | 13

23 Lakhs had been imposed

upon OIL arising out of delay

caused in depositing monthly

PF contribution of Listed

Contract Labours.

Damages imposed

on OIL.

TARGETS FOR THE YEAR 2017-18:

To expedite the disposal of pending cases at various Courts.

To make the Online Legal Compliance system more effective in FHQ.

To co-ordinate with the concerned departments in standardization of various contracts, agreements and legal documents used in the Company in consonance with the best practices followed and to secure the best interest of the Company.

To conduct In-house training programmes for the Executives on various legal issues and to impart knowledge on basic legal provisions applicable during day-to-day functioning in co-operation with the L&D Department.


Page | 14

EMPANELLED LAWYERS

Presently the Company has been engaging very senior and experienced lawyers in

different courts to represent the company before the courts. The engaged lawyers are

highly respected in the legal fraternity and have very high success rate in the court

cases including cases involving OIL. Presently following are the empaneled lawyers

engaged through the Legal Department, FHQ:

Mr. S.N. Sarma, Sr. Advocate, Gauhati High Court

Mr. M Z Ahmed, Sr. Advocate, Steel & Hadow, Guwahati

Mr. Sarifur Rahman, Sr. Advocate, Dibrugarh , Steel & Hadow, Dibrugarh

Mr. Angshuman Sarma, Advocate, Gauhati High Court

Mr. Arun Kr Datta, Advocate, Calcutta High Court

PUBLICATIONS

The Legal Department has been publishing its In-House Legal Journal titled “Jus Naturale” wherein effort has been given to keep the OIL Indians updated with the latest developments in law as well the disposed of cases involving OIL.


Page | 15

MANPOWER

CATEGORY AS ON 01.04.2017

EXECUTIVES 4

UNIONIZED EMPLOYEES 3

ORGANOGRAM (FHQ):

EXECUTIVE DIRECTOR (HR&A)

GM (HR)

CHIEF MANAGER /HOD

SENIOR LEGAL OFFICER/ LEGAL

OFFICER


Page | 16

TRAININGS, SEMINARS AND CONFERENCES ATTENDED

In Country:

Sl

No.

Training/

Conference/

Seminar

Duration Venue Participants

Name

From To

1. 10th Symposium On Right

To Information Act, 2005

14.07.2016 15.07.2016 Shillong Saroj Kr Deka

2. Management Of

Outsourcing Services

04.08.2016

06.08.2016

Jorhat Kaushik R

Rajkhowa

3. Finance For Non Finance

Executives

21.11.2016

23.11.2016

Hyderabad Kaushik R

Rajkhowa

4. Conference International

Arbitration In Brics

27.08.2016 New Delhi Syeda Nishat

Shadmani

5. 4th Executive Development

Programme

20.03.2017 25.03.2017 New Delhi Syeda Nishat

Shadmani

6. Labour Laws On Contract

Labour Outsourcing

15.07.2016 16.07.2016 Shillong Ranjit Das

7. Contract Drafting,

Negotiation & Dispute

07.12.2016 08.12.2016 Mumbai Ranjit Das

In- House:

Sl

No.

Training/ Conference/

Seminar

Duration Venue Participants

Name

From To

1. Right To Information Act 22.06.2016 MTDC Syeda Nishat

Shadmani


Page | 17

ACKNOWLEDGEMENT

We sincerely express our heartfelt gratitude and thanks to OIL Management and the

Departments concerned of our Company, for the support and guidance extended in

all the endeavour undertaken by us. Without the sincere co-operation and support of

the various Departments, it would not have been possible for us pursue the Court

Cases successfully in OIL’s favour.

We are also thankful to our empaneled Advocates in Guwahati, Dibrugarh & Tinsukia

for successfully representing the Company before the Courts and their continuous

advice and guidance in legal matters concerning the Company.

……………………………………………………………….

Documents

OIL INDIA LIMITED| LEGAL DEPTT...in discharging their statutory functions under the RTI Act. RTI STATUS FOR THE YEAR 2016-17 (AS ON 31.03.2017) Sl. Total Applications Closed Pending