ANANDA CHANDRA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition raises the simple question whether Balimela Dam Project is an "industry" as defined under the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) in the following context.

(2.) THE petitioner was appointed as a machine tool operator, Grade II, on temporary basis and was posted under sub-division No. 15 on a monthly salary of Rs. 108 with usual dearness allowance. In January, 1964 his pay was refixed at Rs. 120 per month. In view of his good work he was upgraded to the post of Grade I Chargeman on a basic pay of Rs. 150 per month in December, 1964. While working so, he developed eye ailment because of working with surface grinding machine without adequate safety measures for which he had to undergo treatment. According to the petitioner, by the use of protective spectacles his eye sight was improving. During the period of treatment he was reverted to the post of machine tool operator, Grade II, on the ground that he was found not suitable due to 30% deficient eye sight (annexure-1 ).

(3.) THEREAFTER the petitioner raised a dispute before the Assistant Labour Commissioner at Jeypore (Koraput) but without success. On 20-5-70 the petitioner was communicated that his services were terminated with effect from 21-5-70 without assigning any reason therefore (annexure-3 ). The case of the petitioner was taken up by Balimela Dam Project Workers' Union before the Conciliation Officer, Koraput, which proved abortive.