EXECUTIVE ENGINEER Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE petitioner -management has filed this Writ application challenging the award dated 24.3.1998 passed by the Presiding Officer, Labour Court, Bhubaneswar in Industrial Dispute Case No. 29 of 1995.

(2.) TEN NMR workers including opposite party Nos. 2 to 8 had raised an industrial dispute challenging the order of their termination from service under GRIDCO. After failure of conciliation Government of Orissa in exercise of its power conferred under Sections 10 and 12 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') made a reference to the Labour Court at Bhubaneswar on 29.1.1995 in the following terms :

(3.) THE management in its written statement admitted the fact that the workmen were engaged under the Puri Electrical Division during the year 1985. It also admitted that the workmen were allowed to work as and when there was requirement basing on the workload. Due to closure of works, the management could not provide engagement to all its workmen and therefore a seniority list of workmen was prepared by the management and on the basis of availability of work, workmen were engaged out of that list and rest including the workmen who were before the Labour Court were retrenched.