NATIONAL ALUMINIUM CO. LTD. Vs. ANANTA KISHORE ROUT

JUDGEMENT

(1.) The Appellant herein, National Aluminium Company Limited (NALCO) has established two schools for the benefit of the wards of its- employees. These schools are known as Saraswati Vidaya Mandir (SVM) and located at NALCO Nagar in Angul district and at Damandjodi in Koraput district, Orissa. Management of these schools is presently in the hand of Saraswati Vidya Mandir (SVS) which is affiliated to Vidya Bharati Akhila Bharatiya Sikhya Sansthan.

(2.) Two Writ Petitions were filed by the employees of each of school in the Orissa High Court, Cuttack for a declaration that they are the employees of NALCO and be treated as such, with consequential prayer that these employees be also accorded suitable pay scales as admissible to the employees of NALCO. Having regard to the commonality of fact, situation under which these writ petitions were filed, as well as singularity of the issue involved, both these writ petitions were heard together by the High Court, the outcome of which is the judgment dated 21st December, 2006. The High Court has accepted the case of these employees of SVM holding them to be the employees of the NALCO. As a sequittor, direction is issued to the NALCO to make available the benefits, which are enjoyed by other employees of the NALCO. Present appeals, filed by NALCO, question the validity of the aforesaid judgment of the High Court.

(3.) We may first take note of those facts which are not in dispute. These are as follows: