WORKMEN Vs. MANAGEMENT OF DHENKANAL MUNICIPALITY

JUDGEMENT

(1.) Petitioner- Dhenkanal Mehentar Sangh has filed this writ petition to quash the order dated 11.04.2007 of the Presiding Officer, Labour Court, Bhubaneswar (hereinafter referred to as "Labur Court) in I.D. Case No. 122 of 1995 in answering the reference that the workmen have no right as such to be regularized in service and to claim equal pay with their regular counterpart.

(2.) Before the Labour Court, the workmen put forth their grievance that NMR and DLR sweepers are being paid a sum of Rs.650/-whereas their counterpart in regular jobs are being paid a monthly salary of Rs.1800/- and as the sanctioned posts are lying vacant, they should be regularized and be paid equally for having done similar work.

(3.) Opposite party No.1 the Management has filed counter in this writ challenging its maintainability for want of necessary party, i.e. Government of Orissa, Labour and Employment Department. There is no scope to make judicial review in a certiorari proceeding and the proceeding in I.D. Case No. 122 of 1995 before Labour Court was not maintainable being hit under Section 73-C(c) of the Orissa Municipal Act, 1950. The petitioner workmen having not completed ten years of service cannot claim regularization of service.