EXECUTIVE ENGINEER, KALAHANDI IRRIGATION DIVISION Vs. JAGANNATH BASTIA

JUDGEMENT

(1.) Award dated 30.12.2010 passed by the learned P.O., Labour Court, Sambalpur in I.D. Case No.5 of 2010 vide Annexure-1 is impugned by the Management in this writ petition.

(2.) The opposite party workman was working as a D.L.R. under the petitioner Management, i.e. Executive Engineer, Kalahandi Irrigation Division, Bhawanipatna. He was terminated from his service with effect from 01.06.2000. In the statement of claim filed by the opposite party workman it is alleged that he started his work as a D.L.R. in the year 1987 under Kanjhari Irrigation Project, Keonjhar. Subsequently he was posted at Bankabahal Irrigation Project, Rairangpur in the year 1991. In the year 1993 he was posted at Subarnarekha Irrigation Project. Thereafter he was transferred to Lower Indra (Dam) Investigation Sub-Division No.II in the year 1998. Said Sub-Division subsequently merged with Kalahandi Irrigation Division, the present Management. Kalahandi Irrigation Division thus became the Employer / Management of the opposite party workman. From the statement of claim it is further found out that the opposite party workman was working since 1987 as D.L.R., Semi-skilled Mate and receiving the wages prescribed for Semi-skilled workers by the Government at different times. On the date of his illegal termination he was getting wages of Rs.1040/- (one thousand forty) per month @ Rs.40/- per day, which was the prescribed wage for the semi-skilled workers. The Management without complying with the provision of Section 25-F and 25-G of the Industrial Disputes Act, 1947 ('the Act' for short) illegally terminated the services of the opposite party workman w.e.f. 01.06.2000. It is asserted in the statement of claim that the opposite party workman has completed his employment for 240 days during the year preceding the date of retrenchment. In such background, the opposite party workman prayed for an order directing the petitioner Management to reinstate him in his service with back wages.

(3.) The petitioner Management contested the case and filed written statement. As per the written statement of the petitioner Management, no record is available in the office of the Management regarding engagement of the opposite party workman as D.L.R. The statement of claim relates to work by the opposite party workman in Kanjhari Irrigation Project, Keonjhar, Bankabahal Irrigation Project, Rairangpur and Subarnarekha Irrigation Project, which are not within the administrative jurisdiction of Kalahandi Irrigation Division, Bhawanipatna. No transfer order was received from the higher authorities regarding transfer of the opposite party workman to Indra (Dam) Investigation Sub-Division No.II in the year 1998. There is no such record available in the office of the Management regarding payment of wages to the opposite party workman. It is however admitted in the written-statement that Lower Indra (Dam) Investigation Sub-Division No.II is under the control of the Executive Engineer, Kalahandi Investigation Division, Bhawanipatna. The petitioner Management thus prayed not to consider the case in favour of the opposite party workman.