SRI NAGENDRA NATH MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this application seeking to quash the order of termination dated 4.2.2001 passed by the Honorary Secretary, Utkal Gomangal Samiti, Orissa, Cuttack and to direct to allow him to continue in service till he attains the age of superannuation on 30.9.2002 and to pay reasonable compensation for the loss and damage caused to him due to mental agony.

(2.) The factual matrix of the case at hand is that Utkal Gomangal Samiti, hereinafter to be referred to as 'Samiti', in short, is a Society registered under the Societies Registration Act, 1860. The aims and objectives of the Society are to bring about all round development of livestock of the State. The petitioner initially appointed as a Typist vide office order No.2538 dated 13.12.1965 and pursuant to such appointment order, he joined on 14.12.1965. He continued in the said post till 18.10.1966. Thereafter, he became Grade II Assistant on 19.10.1966 and continued upto 30.12.1977. On getting promotion to Grade I Assistant on 31.12.1977, he continued in the said post till 04.05.1987. He was promoted to the post of Level-II S.O. on 5.5.1987 and continued as such till 24.03.1998 and finally promoted to the post of Level-I S.O. on 25.3.1998 and continued up to 25.03.1999. Though he was entitled to be considered for promotion to the next higher post, i.e. Personal Asst./Establishment Officer, but he was reverted back to Level-II S.O. by withdrawing the order of promotion dated 25.3.1998 vide order no.3217 dated 20.03.1999, basing upon which he was continued as Level-II S.O. from 26.3.1999 to 05.03.2001. It is stated that the Rules and Regulations applicable to the State Govt. employees have also been applied in the case of the staff of the Samiti read with Rule 10 of the Rules and Regulations of the Samiti. The said Rule of the Samiti states that the services of the employees of the Samiti shall be up to completion of 60 years of age and no pensionary benefits shall be allowed. Therefore, the petitioner is to retire from service on attaining the age of superannuation on 30.9.2002. Therefore, it is stated that the impugned order passed by the authorities terminating his services with effect from 5.3.2001 is absolutely a misconceived one and therefore, he seeks for interference of this Court.

(3.) Opposite parties 2 and 3 have filed their counter affidavit raising preliminary question with regard to the maintainability of the writ application and have stated that due to closure of certain units, there is abolition of the post, consequence thereof, the petitioner's services have been terminated as the financial position of the Samiti could not permit to allow continuance of the petitioner in service. It is further stated that the Samiti is a registered Society under the Societies Registration Act and the aims and objectives of the Society are to develop livestock through upgradation of local indigenous funds by providing improved Bulls, Cows and Buffaloes and preparation of different kinds of feeder and cattle feeds and also to do relief works. It is covered by the Rules and Regulations framed by the Board of Directors in the general body meeting and the entire administration, control and management and all policy discussions are vested with the Board of Directors consisting of 13 members out of which three are from Government by way of their designation. The Director of Animal Husbandry and Veterinary Services is the ex-officio Honorary Secretary, the Technical Officer of Vetenary Department is the Joint Honorary Secretary and the Secretary to Govt. of Orissa in-charge of Animal Husbandry Department is the member. Except the above three Govt. officials, the other ten Directors representing the Board of Directors are private/ non-Govt. members. Therefore, the Samiti is neither controlled by the Government nor discharging any governmental function. It is further stated that the Samiti is neither a Corporation nor their exists deep and pervasive State control. The financial structure of the Samiti is from donation, memberships and grant-inaid from the Government. More so, the State Government has got no share capital so that it could have control over the administration of the Samiti. The Samiti had different projectes, but due to the financial scarcity, there was continuous heavy loss in those projects, which were closed in due course of time. Therefore, the employees were sitting idle and there was irregularity in payment of salary of the employees since December, 1994 as there was continuous deficit budget. Therefore, the Board of Directors decided for retrenchment of the employees and the process of retrenchment has been initiated by following the procedure as laid down under Section 25-F and 25-G of the Industrial Disputes Act. It is submitted that the impugned order of termination has been issued in terms of the provision of Section 25-F of the Industrial Disputes Act and therefore, this Court has no jurisdiction to entertain the same. The service particulars given by the petitioner that he was appointed as Typist on 14.12.1965 and continued till 19.10.1966. While he was continuing as Grade-I Assistant in the year 1974, he was entrusted with the duly of livestock, budget, type works, cattle feed store, schemes, fodder, dead stock and meetings. On 13.2.1976, the petitioner submitted a representation stating that he was unable to do the duties assigned to him except maintenance bills of bull centres which is the work of a Junior Assistant and again in another representation dated 2.3.1976, he expressed that he was incapable to do the assigned works and requested for his reversion. Considering such representation, he was reverted to the post of Grade-II Assistant on 11.3.1976 and continued in the said post till 31.12.1977 and again promoted to the post of Grade I Assistant on 1.1.1978 and continued till 4.5.1987 and thereafter he was promoted to the post of S.O. on 5.5.1987 and continued as such till the order of termination was passed.