AKULI CHARAN BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioners are 131 Security Guards engaged at the work premises of the Odisha Power Generation Corporation Limited (OPGCL) (Opposite Party No.3). This is the third round of litigation concerning their prayer for regularization of their services.

(2.) Earlier in OJC No. 6416 of 2002 filed by these Petitioners an order had been passed by this Court on 6/2/2010 pursuant to which the State Advisory Committee under the Contract Labour (Regulation and Abolition) Act, 1970 (CLRA Act) decided at a meeting held on 22/9/2010 that the State Govt. will be moved for "non-abolition of the contract labour system" in respect of the 131 security guards. The result is that for the purpose of Sec. 10 of the CLRA Act, the Petitioners would continue to be only contract labour and cannot claim any regularization. Accordingly, in the present writ petition, the first prayer is for quashing the above decision of the State Advisory Board; the consequential prayer is for regularizing their services after abolition of the contract labour system.

(3.) Although a reply has been filed by the OPGCL, no reply has been filed till date by the State Govt.