STATE OF ORISSA Vs. TRINATH JENA

JUDGEMENT

(1.) THIS writ application is directed against the award dated 26th July, 1999 passed by the Labour Court, Bhubaneswar in I.D. Case No.115 of 1993 answering the reference in favour of workmen -opposite parties and directing their reinstatement in services with 50% back wages.

(2.) REFERENCE is as follows : - "Whether termination of services of Sri Trinath Jena and 37 others (as per list enclosed) by the Executive Engineer, Mayurbhanj Investigation Division, Udala with effect from dates mentioned against their names is legal and justified ? If not, what relief they are entitled to" ?

(3.) ON pleadings of the parties, the labour Court framed two issues in relation to the reference. So far as issue No.1 is concerned, the labour Court on facts and evidence found that the management had failed to issue any prior notices to seventeen workmen and no retrenchment compensation was paid to them whereas their services were terminated. The notices issued to nine workmen were on pick and choose method and there was no rational behind it. So far as issue No.2 is concerned, the labour Court held that even though a stand was taken by the management that the Government have imposed total ban on appointment of N.M.R. but there was no evidence in respect of such stand. With the above findings, the labour Court allowed reference and directed reinstatement of all the 30 workmen apart from a direction for payment of 50% of back wages.