PROPRIETOR LATE RAMRATTAN RAI Vs. STATE OF ODISHA

JUDGEMENT

(1.) 4 Aggrieved by the Award dtd. 10/4/2015 made by the learned Industrial Tribunal, Rourkela in Industrial Dispute Case No.16 of 2005 forming part of Notification bearing No.II/I(SS)-36/20044 5196/LESI, dtd. 11/6/2015 issued by the Government of Odisha in Labour and ESI Department, vide Annexure-5 (for brevity hereinafter referred to as 5Award6), the petitioners approached this Court by way of filing writ petition under Article 226/227 of the Constitution of India with the following prayer:

(2.) It has been outlined by the writ petitioners that the petitioner No.1-M/s. Rattan Enterprises, a proprietorship concern of Sri Chandradeo Rai (petitioner No.2-Legal Representative of proprietor-Late Ramrattan Rai), (both the petitioners are addressed to as 5petitioner6 hereafter), assigned with license under the Contract Labour (Regulation and Abolition) Act, 1970, for engaging the services of the contract labour, was engaged as contractor for cleaning of spillage materials, shifting, sorting and changing of grinding media, cutting of set clinker, etc. in cement works of M/s. OCL India Ltd.-opposite party No.6.

(3.) Referring to the minutes of discussion held on 21/11/1990 between the Management of Odisha Cement Limited and Odisha Cement Mazdoor Sangha wherein it has been stipulated that Cement Wage Board rate would 'apply in respect of contractor-workers engaged in the jobs of cement works' where the job undertaken includes 'cleaning of Vertical Roller Mill reject material discharged on the floor through Vertical Roller Mill reject chute; pre-heater poking; attending additive hopper and coal hopper; temporary engagement in plant laboratory for sample collection till automatic sample collection arrangement becomes operative', it is stated that in addition to the job mentioned by the petitioner that it undertakes, namely 5jobs of cleaning of spillage materials, shifting, sorting and cleaning of grinding media, etc. in the cement works6, the opposite party No.6-OCL India Ltd. executes cleaning and maintenance of Vertical Roller Mill, pre-heater poking, attending additive hopper and coal hopper, etc. Therefore, it is submitted by these opposite parties that the Cement Wage Board rate is applicable to the workmen working in the cement plant of the opposite party No.6.