KAILASH CHANDRA BARIHA AND ORS. Vs. MANAGEMENT OF DIRECTORATE OF PRINTING STATIONERY AND PUBLICATION AND ORS.

JUDGEMENT

(1.) The Workmen-Appellants have preferred these appeals challenging the judgment dated 30.04.2013 passed by the learned Single Judge in W.P.(C) No. 12036 of 2008 modifying the award dated 14.09.2007 of the Labour Court, Bhubaneswar in I.D. Case No. 54 of 2001 granting compensation of Rs.95,000/- to each of the 63 workmen in lieu of reinstatement in service without back wages.

(2.) Respondent no.1-Management had recruited the workmen-appellants as casual workers from the dates of their respective initial engagements in the years 1988, 1989, 1990, 1991, 1992, 1993 and 1994. The said Management having terminated the services of workmen-appellants without any individual notice or complying with the provisions of Sections 25A, 25F, 25N, 25G, 25H, 25-B (1), 25T, 25U and Section 31 (2) of Industrial Dispute Act, 1947 and in violation of the provisions of the Orissa Government Press Industrial Employees Classification, Recruitment, Promotion, Conditions of Service and Appeal Rules, 1978 (hereinafter referred to as, the 1978 Rules), the Management filed Memorandum No. 139/PSP dated 03.04.2001 declaring 50 casual workers out of 133 terminated, as continuing in service without any interruption, as a consequence whereof they were retained in service. The services of the rest 83 casual workers were terminated w.e.f. 01.04.2001.

(3.) The said 83 workmen including the present appellants raised industrial dispute through their Union-respondent no.2. Conciliation having failed, vide S.R.O. No. 697/2001 dated 2.11.2001, the State Government of Orissa referred the matter to the Presiding Officer, Labour Court, Bhubaneswar for adjudication of the following issue:-