STATE OF ORISSA Vs. GANESH CH. JENA

JUDGEMENT

(1.) In this writ application, the petitioners have prayed for quashing of the impugned order dated 28.6.1999 passed by the learned Orissa Administrative Tribunal, Bhubaneswar in O.A. No.72 of 1988.

(2.) The opposite parties filed O.A. No.72 of 1988 before the Orissa Administrative Tribunal with a prayer for payment of Project Allowance/Construction Allowance for the period they worked in the Sunei Irrigation Project. According to the opposite parties, Sunei Irrigation Project started from 1.5.1978 was a Medium Irrigation Project and it started functioning in inhospitable climate in the forest area in the district of Mayurbhanj. It was situated at a distance of about 25 Kms. from the nearest town. There was no school for the children of the opposite parties and no shops or markets or dispensary was available within 25 Kms. In such background, they demanded payment of Project Allowance/Construction Allowance as is being paid to the employees of all Major Projects in the State in consideration of the difficulties faced by the employees at the project sites. According to the opposite parties, when they made their demand, they were assured by the authorities that similar matter with regard to the Medium Irrigation Project like Ramiala Irrigation Project was pending disposal before the Industrial Tribunal and they have to wait till award is pronounced by that Tribunal. During Dec., 1980, the Industrial Tribunal in I.D. Case No.18 of 1980 allowed payment of Project Allowance/Construction Allowance to the employees of Ramiala Irrigation Project. The present petitioners challenged the said award before this Court, which was dismissed by this Court. Ultimately, the State carried the matter to the Honourable Supreme Court and Honourable Supreme Court upheld the Award of the Industrial Tribunal. Ultimately the employees/workmen of Ramiala Irrigation Project which according to the opposite parties was a Medium Irrigation Project, were allowed the benefits of Project Allowance/Special Construction Allowance for the period of from 4.1975 to 28.1979. In such background, the opposite parties again represented to the authorities to allow the benefits of the Project Allowance as has been done in the case of the employees/workmen of Ramiala Irrigation Project. Since the approaches and pleas of the opposite parties at different levels remained unheeded, they approached the Orissa Administrative Tribunal by filing O.A. No.72 of 1988 for redressal of their grievances.

(3.) Learned Orissa Administrative Tribunal after applying its mind to the submissions made by both parties allowed the Original Application in favour of the opposite parties after coming to a finding that since the employees of Ramiala Irrigation Project which is a Medium Irrigation Project have been sanctioned Project Allowance/Special Construction Allowance under award of the Industrial Tribunal, which attained finality after dismissal of O.J.C. No.2330 of 1983 by the High Court of Orissa and dismissal of the S.L.P. (Civil) No.5570 of 1984 by the Apex Court and since the working conditions in all Medium Irrigation Projects are more or less similar, there can be no conceivable reason to deny Project Allowance/Special Construction Allowance to the opposite parties, who have worked in Sunei Irrigation Project, which is also a Medium Irrigation Project. Accordingly, learned Tribunal held that the opposite parties were entitled to Project Allowance/Special Construction Allowance at the same rate as has been paid to the employees of Ramiala Medium Irrigation Project under the award of Industrial Tribunal.