BIPINIBIHARI PRADHAN Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) ALL these six writ applications filed by different persons against the State of Orissa as well as the Orissa Forest Development Corporation Ltd. (in short, the "Corporation"), raise similar questions of fact and law and have been heard together and shall be governed by this common judgment. Initially prayer was made in the writ applications for regularisation of services of the various Petitioners and for payment of equal pay to the Petitioners as is applicable to others doing similar work under the Corporation. On receipt of counter affidavit indicating that the Petitioners had been retrenched from service, the writ applications were amended and the various Petitioners were permitted to raise contention challenging the orders of retrenchment. Since question of regularisation of service or payment of equal salary would arise only if the orders of retrenchment are found to be invalid, it is necessary to consider the validity of the orders of retrenchment before considering other questions raised in the writ applications.

(2.) IT has been contended that the Corporation is an "industrial establishment" as defined in Section 25 -L of the Industrial Disputes Act and the various Petitioners have been retrenched without complying with Section 25 -N of the said Act. In the alternative, it is submitted that, at any rate provisions contained in Section 25 -G of the Industrial Disputes Act have been violated as compensation for retrenchment had not been made. It is also contended that persons junior to the Petitioners have been retained while the Petitioners have been illegally retrenched.