BASUDEVPUR Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Full Bench has been constituted with a view to considering a question of considerable importance, namely; Whether having regard to the provisions contained in Sections 15 and 28 of the Administrative Tribunals Act, 1985, the jurisdiction of this Court under Article. 226 of the Constitution of India can be invoked by a casual labourer/worker, daily rated worker, like a Nominal Muster Roll employee (for short 'N.M.R.') employed by the State Government, for enforcement of his fundamental right under Article 14 of the Constitution of India for payment of equal pay for equal work and to end his exploitation ?

(2.) PETITIONER in OJC No. 1107 of 1989 is the All Orissa Irrigation Workers Union, a registered Trade Union, whereas the petitioner No. 1 in OJC No. 1191 of 1983 is the Basudevpur (R and B) N.M.R. Employees' Association, a registered association. Petitioners 2 to 6 are the N.M.R. employees serving under the Basudevpur and Soro (R and B) Subdivisions under the control of the Executive Engineer, Balasore (R and B) Division. It has been alleged that the employment of the N.M.R. employees is a precarious one, having no certainty bf tenure and the daily wages that they are paid is barely sufficient for their subsistence and that of the members of their families. Whereas persons in the regular establishment doing the same nature of work and discharging the same responsibility receive many times over the N.M.R. employees doing no less arduous work, they receive a paltry amount as daily/weekly/monthly wages. Many of them have rendered service for more than a decade. Some even for about two decades. Despite the requirement of the department, its need, with view to exploiting persons like the N. M. R. employees because of their penurious conditions, the State and its officials do not hesitate to treat them in an inhumane manner and continue to engage them as muster roll employees for years and decades on less than subsistence level wages. In O.J.C. No. 1191 of 1983, it has been urged that despite the need and requirement, the State and its officials, take advantage of the disadvantage condition of the nominal muster roll employees by terminating their employment at their sweet -will. Though the petitioners in OJC No. 1107 of 1989 have sought a mandamus directing the opposite parties to regularise the services of the muster roll employees and payment of remuneration on par with persons rendering same nature and type of work as they in the regular establishment, the prayer for regularisation was not pressed at the time of admission. Hence, the only question that survives for consideration fn that writ application is their claim for equal pay for equal work, In OJC No. 1191 of 1983, the petitioners seek annulment of the orders terminating the -employment of some nominal muster roll employees in the division.

(3.) THE question whether this Court has jurisdiction under Article 225 of the Constitution of India to entertain an application filed by a casual labourer like an N.M.R. employee for enforcement of his fundamental right for equal pay for equal work and for nullification of orders of removal has to be considered with reference to the provisions contained in Sections 15 and 28 of the Act. Section 15, so far as it is relevant for our purpose, reads as under: '15. Jurisdiction, powers and authority of State Administrative Tribunals - -(1) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shail exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all Courts (except the Supreme Court) in relation to : (a) recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State ; (b) all service matters concerning a person not being a person referred to in Clause (c) of this Sub -section or a member, person or civilian referred to in Clause (b) of Sub -section (1) of Section 14 appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any corporation or society owned or controlled by the State Government : (c) all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in Clause (b), being a person whose services have bean placed by any such local or other authority or corporation or society or other body as is controlled or owned by the State Government, at the disposal of the Government for such appointment.' Section 28 reads as under : '28. Exclusion of jurisdiction of Courts except the Supreme Court under Article 136 of the Constitution - -On and from the date from which any jurisdiction, power and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any service or post or service matters concerning members of any service or persons appointed to any service or post, no Court except - (a) the Supreme Courts : or (b) any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947, or any other corresponding law for the time being in force, shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters.'