STATE OF ORISSA Vs. SRI SUDHAKAR ROUT

JUDGEMENT

(1.) As the facts and points of law involved in both the writ petitions are same, both the matters were heard together and are disposed of by this common judgment.

(2.) W.P.(C) No.14504 of 2005 is filed by the Executive Engineer, Minor Irrigation Investigation Division, Bhubaneswar challenging the award dtd. 30th May, 2005 passed by Labour Court, Bhubaneswar. The same award is also challenged by the workman, Sri Sudhakar Rout in W.P.(C) No.4933/2006.

(3.) Bereft of unnecessary details, the short facts are that Sri Sudhakar Rout, the workman, who was working as a D.L.R. watchman in the establishment of the Executive Engineer, Mior Irrigation Investigation Division, Bhubaneswar (hereinafter called the 'employer') raised an industrial dispute with regard to the action of the management in refusing employment to him. Conciliation having failed. The dispute was referred by the State Government to the Labour Court for adjudication in exercise of powers conferred upon it under Sub-section (5) of Section 12 read with Clause (c) of Sub-section (1) of Section 10 of the Industrial Disputes Act, 1947. The dispute referred reads as follows :- "Whether the action of the Management of the Minor Irrigation Investigation Division, Bhubaneswar in refusing employment to Sri Sudhakar Rout, D.L.R. Watchman with effect from 1.1.98 is legal and/or justified ? If not, what relief he is entitled to ?