PURNA CH DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present Writ Application has been filed against the interlocutory Order dated 18.3.2002 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 367 of 2002 refusing the petitioner's prayer for stay of the impugned order of termination of the petitioners from service. Further the petitioners have prayed for allowing them to get the scale of pay of Rs. 300 -410/ - with effect from 1.1.1974, Rs. 840 -1240/ - with effect from 1.1.1985, Rs. 950 -1500/ - with effect from 1.5.1989 and Rs. 3050 -4500/ - with effect from 1.1.1996 and not to retrench them till implementation of the award of the industrial Tribunal in I.D. Case No. 20 of 1988.

(2.) SINCE the original application filed by the petitioners against the impugned order of termination is still pending before the Tribunal and the Tribunal vide interim order though did not grant relief sought for by the petitioners, i.e., stay of termination order; it directed the respondents (opposite parties) -State that if the petitioners are retrenched and slots from which they are removed, should not be filled up during the pendency of the O.A. If there is generation of additional work and availability of more funds necessitating those slots being utilised, the petitioners should be taken back to service and they may be redeployed to other new and on -going projects where work and funds are available, strictly in accordance with their placements in the central seniority list which the Department has been directed to prepare by Order dated 15.20.2001 passed in O.A. No. 2040(C) of 2001 and batch passed by the Cuttack Bench.

(3.) AGAINST the aforesaid award passed by the Industrial Tribunal, State filed a Writ Application, i.e., O.J.C. No. 11786 of 1996 which was dismissed vide Order dated 20.12.2001. Thereafter petition for Special Leave was moved by the State before the Hon'ble Apex Court and the same was registered as SLP (Civil) No. 624 of 2004 which was also dismissed vide Order dated 30.1.2004 on the ground of delay. Hence the award has reached finality and it is the duty of the State to implement the same without any further delay. Therefore, considering the facts and circumstances of the case, we are of the view that the petitioners are entitled to get the second relief duly and, therefore, this Writ Application is disposed of with the direction to the opposite parties more particularly, O.P. No. 3 to implement the above mentioned award of the Industrial Tribunal and pay the arrears of wages/Salary to the petitioners in the pay scale of Rs. 300 -410/ - with effect from 1.1.1974 and the pay scale of Rs. 800 -1240/ - with effect from 1.1.1985 and further according to the revision of pay scales if any till the date of termination of the petitioners from service within a period of two months from the date of receipt of the copy of this order.