LAWS(ORI)-2012-6-4

MANAGEMENT OF EXECUTIVE ENGINEER Vs. THEIR WORKMEN

Decided On June 20, 2012
MANAGEMENT OF EXECUTIVE ENGINEER Appellant
V/S
THEIR WORKMEN Respondents

JUDGEMENT

(1.) Both the aforementioned Writ Petitions arise out of one industrial dispute. W.P.(C) No. 457 of 2010 has been filed by the Management & W.P.(C) No. 3613 of 2010 has been filed by the Union representing the workmen, for which both the cases were heard together & disposed of by this common Judgment. 89 workmen working under the Management of Executive Engineer, Jajpur Irrigation Division, Jajpur as NMR workers in between 1985 & 1996 having been intimated by the management that their services are no more required with effect from 21.11.2003 afternoon raised an industrial dispute being represented by NMR Employees Union, Jajpur (for short 'Union'). Conciliation having failed & failure reports submitted to the appropriate authority, a reference under Sections 10 & 12 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'The I.D.Act') was made to the Industrial Tribunal, Bhubaneswar, to the following effect:

(2.) Respective parties filed their statement of the case & written statement & led evidence in support of their case. The Tribunal by the impugned award dated 8.7.2009 passed in Industrial Dispute Case No. 8 of 2004 on appreciating the materials before it, holding that the retrenchment of the 2nd party-members (workmen) is not as per the requirement of law, directed the management to absorb/reinstate the second party-members under its Division in a phased manner according to their seniority, which shall be prepared again basing on all documents with scope to the Union to have their say in the matter, by placing proper documents. The Tribunal clarified that the exercise of absorbing the second party-members in the management concerned be completed within a period of three months from the date of the award. Being aggrieved by the above award, the management has preferred W.P.(C) No. 457 of 2010. The workmen being aggrieved by non-grant of back wages, have preferred W.P.(C) No. 3613 of 2010 challenging such omission in the award.

(3.) The case of the workmen before the Tribunal was that all the 89 workmen working under the management of Jajpur Irrigation Division, Jajpur (hereinafter referred to as 'the Management') were being deployed in different Sections of the said Division. All of them were engaged as N.M.R. workers in between 1985 & 1996 & during course of their employment, they performed various duties, such as, digging of earth for canal, maintenance, office clerical works, driving of the vehicles, operating pumps & motors, carpentry, watch & ward duty etc, most sincerely & to the utmost satisfaction of their employer. During course of employment, there was never any charge-sheet drawn up against anyone of them nor they have faced any proceeding for any misconduct. All of a sudden, while they were performing their duties, the management without any reason & rhyme informed the workmen that their services are no more required with effect from 21.11.2003 afternoon. The further case of the workmen was that even though they were present & performing their respective duties on 17.11.2003, no termination letter indicating the reasons therefor was served on anyone on them & on 21.11.2003, they were refused employment. They claimed that they have worked for more than 240 days in one calendar year under management & were entitled to the protection of the provisions of Section 25-F of the I.D.Act, but the management contrary to the said provisions took the action against them in an arbitrary & whimsical manner. They also alleged that the management has contravened the provisions of Sections 25-G & 25-H of the I.D.Act inasmuch as without a valid gradation list/seniority list of the workers of the Division, the termination of the employment of the workmen was effected & consequently after effecting such termination, the management allowed some junior employees to continue in employment. The workmen further alleged that prior to the termination of employment of the workmen, there was a constant demand on behalf of the workers for non-payment of their dues for last seven months & for payment of wages at revised rates & in that manner, some of the workmen approached the State Administrative Tribunal for regularization of their services for which the management being vindicative towards them & to avoid such liabilities, terminated their services. It was the further case that when the Division Bench was running with less number of staff as pointed out by the Executive Engineer in his letter No. 3417 dated 20.5.2002, the retrenchment of the workmen without considering their deployment in required places is unjustified, uncalled for & can be construed as a colorable exercise of power. When the Government of Orissa in Water Resources Department vide its letter dated 30.10.2003 has allowed continuance of NMR & DLR personnel of different categories engaged after 12.4.1993 in some other Divisions of the State basing on the requirements, the management instead of taking similar decision in respect of its Division by deploying the workmen to the places where work was required, malafiedly retrenched them without due application of mind in an arbitrary manner. The workman pleaded that after being terminated, they are not employed gainfully anywhere & are still unemployed, living in penury having no scope to support their families. The workmen, therefore, prayed for their reinstatement in service with full back wages & other consequential benefits.