STATE OF ORISSA Vs. RABINARAYAN MOHAPATRA

JUDGEMENT

(1.) THE management of the Executive Engineer, Jambhira Canal Division, Subarnarekha Irrigation Project, Laxmiposi, Baripada has filed this writ petition inter alia challenging the award dated 8th October, 2004 passed by learned Labour Court, Bhubaneswar in I.D. Case No.44 of 1997. Admittedly the opposite party -workman was engaged by the management as a daily rated laburer. He was retrenched on 31.07.1993. Consequently a dispute was raised by the workman. Conciliation having failed the State Government in exercise of powers conferred by Sub -section (5) of Section 12 read with clause (c) of Sub -section(i) of Section 10 of the Industrial Disputes Act, 1947 referred the following dispute to the labour Court for adjudication : - "Whether the action of the Executive Engineer, Jambhira Canal Division, Subarnarekha Irrigation Project, Laxmiposi, Dist : Mayurbhanj in retrenching Sri Rabinarayan Mohapatra with effect from 01.08.1993 is legal and/or justified ? If not, to what relief Sri Mohapatra is entitled -

(2.) THE contention of the opposite party -workman before the Labour Court was that, he was engaged as a D.L.R. (Mate) under the petitioner management with effect from 01.08.1992. He continuously worked there till 31.10.1992. Thereafter he was engaged as a contingent Khalasi from 01.11.1992 to 31.03.1993. Again he was engaged as a semi -skilled N.M.R. w.e.f. 01.02.1992 to 31.07.1993. Thus according to the workman he had rendered continuous uninterrupted service from 01.08.1992 to 31.07.1993. But then the management without following the mandatory requirements of Section 25 -F of the Industrial Disputes Act, 1947 retrenched him. According to workman, the order of retrenchment was illegal and it is a fit case where the same should be quashed.

(3.) ON the basis of the pleadings the labour Court framed two issues. Both the parties adduced oral and documentary evidence. The workman got himself examined as W.W.1. In his evidence the workman substantiated his case to the effect that he worked under the management continuously from 01.08.1992 to 31.07.1993 and that without giving any prior notice, notice pay or retrenchment compensation he was retrenched illegally.