Examining The Reach Of The Industrial Disputes Act, 1947: Jurisdictional Questions Concerning ONGC’s Offshore Operations
- IJLLR Journal
- 6 minutes ago
- 1 min read
Jiya Mehta, B.A. LL.B., University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi
Anugrah Mishra, B.A. LL.B., University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi
ABSTRACT
The paper aims to explore the application of the Industrial Disputes Act, 1947 (“ID Act, 1947”) to offshore establishments operated by the Oil and Natural Gas Corporation (ONGC) beyond India’s territorial waters, including the Exclusive Economic Zone (EEZ) and continental shelf. While the Territorial Waters, Continental Shelf, Exclusive Economic Zone, and Other Maritime Zones Act, 1976 (Territorial Waters Act, 1976) empowers the Central Government to extend domestic laws to such areas, no specific notification under Section 6(6) of the Act has been issued for the extension of the ID Act, 1947. This legal ambiguity creates severe issues pertaining to labor rights protection, handling of industrial disputes, and Indian law jurisdiction over foreign companies. Utilising a doctrinal approach, the research examines legislative statutes, judicial decisions, and international conventions to provide practical recommendations on how to help improve deficiencies in the law. The findings reveal that clear legislation and procedures will ensure the protection of workers and the smooth enforcement of regulations across Indian offshore territories.
