ORISSA LIFT IRRIGATION Vs. COMMISSIONER FOR WORKMEN

JUDGEMENT

(1.) IN this Writ Application, the Orissa Lift Irrigation Corporation (In short, 'the OLIC') calls in question the legality of Annexure -3 dated 30th August, 1993 wherein the authority under the Minimum Wages Act, Balasore has directed the petitioner to pay the differential wages for the period from January, 1991 to April, 1991 to 21 Electricians (NMRs) working under the petitioner.

(2.) THE Opp. Party No. 2 being the Secretary of the Workers' Union filled claim under Section 20(2) of the Minimum Wages Act, 1948 on behalf of 21 Electricians and one Tracer claiming them to be the highly skilled category workers within the entitlement of Rs. 40/ - per day. The authority accepted their plea and directed the petitioner to pay the differential amount in the category of highly skilled labourer to 21 NMR Electricians while dismissing the prayer of one NMR Tracer vide Annexure -3. It is averred that the authority committed gross error by resorting to the Order No. 2M -53/87 -9283/OLIC dated 13.4.87 which stood revised under the order of the OLIC vide Annexure -2 dated 2.5.91 pursuant to the Labour and Employment Department Notification dated 27.2.90 (7564 -IW/5 -3/90 -L.E. and No. 17350 -IW/5 -21 -L.E.). It is further averred that there is absolutely no post of Electrician Gr. -A which has been categorized for payment of Rs. 40/ - per day as highly skilled labourer in the notification under Annexure -1 and, therefore, the common order under Annexure -3 is illegal. The stand of the opp. party No. 2 in his counter is that 21 NMR Electricians are equivalent to Electrician Gr. -A and supported Annexure -3. According to him, the Electricians working under the petitioner were getting Rs. 18/ - per day under the order of the OLIC as per Annexure -B/2 under the category of highly skilled labourer (Electrician Gr. -A) pursuant to the Government of Orissa Labour and Employment Department Notification No. 5/87 -2701/L.E. dated 20.2.87 under Annexure -2 and, therefore, the authority has not committed any error taking into consideration of the wages received by the Electricians as highly skilled labourer on the basis of Anenxure -B/2.

(3.) LEARNED Counsel for the Opp. Party No. 2 repealed the contention of the petitioner with the submission that NMR Electricians are entitled to be paid as highly skilled labourer as they were paid as such under the order of the OLIC under Annexure -B/2. According to the Counsel, the order of the authority in Annexure -3 is free from any error.