GOVERNMENT OF ORISSA Vs. PRAFULLA KUMAR PATNAIK

JUDGEMENT

(1.) In this Writ Application under Article 226 of the Constitution of India, the Government of Orissa in its Water Resources Department being the petitioner has challenged the judgment and award passed by the Presiding Officer, Industrial Tribunal, Orissa, Bhubaneswar in Industrial Dispute Case No. 66 of 1994.

(2.) THE facts as revealed discloses that the names of opposite parties 1 to 7 workmen were sponsored by the concerned employment exchange for being appointed in the post of hand drillers in the scale of pay of Rs. 100 -155/ - with usual D.A. and A.D.A. However, by appointment orders dated 3.10.1972 and 13.10.1972, they were appointed as hand drillers, on being selected in an interview in the office of the Hydrologist Lift Irrigation, Bhubaneswar. It is the case of the workmen that in the orders of appointment, the scale of pay was mentioned as Rs. 80 -120/ - instead of Rs. 100 -155/ -. However, the workmen joined in the said posts of hand drillers, with protest. The scale of pay of hand drillers was revised on 1.1.1974, 1.1.1981, 1.1.1985 and 1.5.1989. They made representations for fixing their scale of pay accordingly. Due to non -consideration of their representations, one of the workmen -opp. parties filed O.J.C. No. 6939 of 1980 before this Court. The said Writ Application was disposed of with a direction. It appears that the Opp. Parties workmen raised an industrial dispute and as the same was not referred to the Tribunal, they again filed O.J.C. No. 8305 of 1993 before this Court, in which it was directed to refer the dispute to the Industrial Tribunal. There being delay in referring the matter, the workmen Opp. Parties again filed O. J.C. No. 3691 of 1994, but on the submission of the Government of Orissa in the said Writ Application that the matter has already been referred to the Industrial Tribunal, the case was disposed of.

(3.) THE said case was numbered as Industrial Dispute Case No. 66 of 1994. A written statement/claim was filed by the workmen stating inter alia that the scale of pay as mentioned in the call letters, issued to the Opp. Parties workmen to attend the interview, was Rs. 100 -155/ -, however, in the appointment letters it being mentioned as Rs. 80 -120/ - they protested against the same. It was further stated that the nature of work to be done by hand drillers under the Lift Irrigation Corporation is same as done by hand drillers working under the Directorate of Ground Water Survey and Investigation and that hand drillers working under the said Directorate who were engaged during the period when the Opp. Parties were appointed, were given the scale of pay of Rs. 100 -155/ - on the above basis, the workmen claimed that the scale of pay applicable to them at the time of their appointment should be taken Rs. 100 -155/ - and they should be held entitled to receive their salary at the revised rates as revised from time to time and as were being paid to hand drillers working under the Directorate of Ground Water Survey and Investigation.