SAMAL BARRAGE EMPLOYEES UNION Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the writ applications filed under Articles 226 and 227 of the Constitution of India involve common questions of law and fact. Therefore, they were heard together and are disposed of by this common judgment.

(2.) In all these writ applications, the petitioner, namely, Samal Barrage Employees' Union, seeks to assail the orders of retrenchment under Annexures-3, 4 and 5. By those orders, it has been directed to take steps to retrench the work-charged employees as per the list. Samal Barrage Employees' Union claims to be a registered trade union espousing the cause of work- charged employees of Samal Barrage. According to the said union, 1224 NMR employees of Samal Barrage approached the Orissa Administrative Tribunal in a batch of Original Applications (O.A.No.1560(C) of 1993 and others) for regularisation of their services. The Tribunal disposed of all the Original Applications by a common judgment dated June 2, 1995, inter alia, with the following direction:

(3.) It appears that the aforesaid judgment of the Tribunal was affirmed by the Supreme Court. The review petition filed by the State Government was also dismissed. It is alleged by the petitioner-Union that the common judgment dated June 2, 1995 of the Tribunal was not carried out. Therefore, apprehending mischief, the petitioner-Union again approached the Orissa Administrative Tribunal by filing O.A.No.l22(C) of 2002. The Tribunal by order dated March 7, 2002 granted interim protection. This order was sought to be modified by the State Government, but the Tribunal declined to do so, as would appear from the order dated July 4, 2002 (Annexure-2).