EXECUTIVE ENGINEER ELECT Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE Executive Engineer, Jeypore Electrical Division, Jeypore, Koraput and others have filed these Writ Applications invoking jurisdiction of this Court under Articles 226 and 227 of the Constitution of India assailing the order passed by the Presiding Officer, Labour Court, Jeypore on the applications filed under Section 33 C(2) of the Industrial Disputes Act, 1947. The Labour Court by its order Annexure 1 respectively directed the Orissa State Electricity Board to compute the pension of the petitioners before the said Court who are erstwhile employees of the Board and/or their successors in interest, as per the provisions of the Orissa State Electricity Board Employee's Pension Regulation, 1992 (In short '1992 Regulation') read with the Orissa Pension Rules, 1977 and pay the same within a period of six months from the date of receipt of the said order, failing which the petitioners would be at liberty to file fresh applications under Section 33 C(2) of the I.D. Act for properly computing their claim.

(2.) THE moot point which needs determination in this Writ Application is as to whether the employees of erstwhile Orissa State Electricity Board who have retired prior to 1.4.1990 are eligible to get the benefits flowing from the Orissa State Electricity Board Employee's (Pension including old age and family pension) Regulation, 1992. For answering the said question, the background of the case as spelt out in the inter se pleadings need to considered.

(3.) THE Management of the Orissa State Electricity Board strenuously repudiated the claim advanced by the petitioners. The specific case of the Management was that the settlement arrived at inter se between the Management and the worker's Union on 1.10.1986 does not confer any right to receive pension. By the said settlement it was only agreed, as a gesture of good will, that a proposal for introduction of. Pension Scheme for the employees of Electricity Board would be placed before the Board by 31.12.1986. According to the Management Board, in fact, the Resolution, as agreed to, was placed before the Board in its meeting held on 17.3.1992 and the Board exercising the power conferred upon it under Section 79(c) of the Electricity (Supply) Act, 1948 approved the Resolution. It was further contended that the rights of the workmen, if any, were crisped, curtailed and cabinet in the Regulation itself and it was not open to the petitioners to traverse beyond the stipulations made in the Regulation. It was further contended that the petitions filed under Section 33 C(2) of the I.D. Act were not maintainable and if at all the petitioners were aggrieved, it was open for them to raise industrial dispute and get the dispute referred to the Labour Court in consonance with Section 11 read with Section 15 of the I.D. Act.