BANA KISAN Vs. MANAGEMENT OF NILDUNGURI SISAL ESTATE

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been filed wherein the order dated 26.5.2001 passed by the Labour Court, Sambalpur in I.D. Misc. Case No.18 of 1999 has been assailed wherein the order has been passed by the Labour Court under Sec. 33-C(2) of the Industrial Disputes Act, by which the claim of the petitioners to compute the monetary benefit for the period from 1.1.1996 to 31.12.1998 has been rejected.

(2.) The fact leading to file an application before the Labour Court under Sec. 33-C(2) of the Industrial Disputes Act by the applicants, who claim to be permanent worker under management of Nildunguri Sisal Estate, Nildunguri, District-Sambalpur. According to the petitioners, as per the Award of Industrial Tribunal, Orissa, Bhubaneswar in I.D. Case No.7 of 1979, they are entitled to monthly wages at the pay scale recommended by the Fourth Pay Committee at page-50 of the report, i.e., Rs.200-250.00 per month besides D.A. and A.D.A. as revised from time to time by the State Government. But in spite of repeated request of the petitioners, the opposite party-Management did not pay the wages as per the said Award and as such, arrear wages remained outstanding. Hence, they had filed I.D. Misc. Case No.24 of 1996 before the Tribunal claiming arrear wages up to 31.12.1998 and the Tribunal by its order dated 18.5.1998 has directed the opposite party-Management to pay the arrears within three months. The present petitioners have filed for arrear wages covering the period from 1.1.1996 to 31.12.1998 to be paid along with interest @ 18% per annum.

(3.) The case of the opposite party-Management is that the Fourth Pay Committee Report came into force with effect from 1.1.1974 after notification of the Orissa Revised Scales of Pay Rules, 1974. As per the Clause-1 Rule-2, the Revised Scale of Pay Rules were made applicable to persons in whole time employment of Government and these rules would not apply to persons paid out of contingency or persons not drawing pay in the regular pay. According to the opposite party-Management, as the petitioners were not appointed or drawing pay in the regular scale of pay of the State Government and rather being daily labourers were being paid from contingency of the Government, they are not entitled to the benefit of Orissa Revised Scale of Pay Rules, 1974. According to the opposite party-Management, the casual labouers are being paid as per wages fixed by the State Government under Minimum Wages Act and the workers without any grumbling having been receiving their wages prescribed by the Government in Labour and Employment Department. The further case of the opposite party-Management is that the decision of the Industrial Tribunal has become infructuous and inapplicable in view of material change of circumstances more so after revision of wages for casual labouers by the Government from time to time. According to the opposite party-Management, since the permanent labouers are getting their regular wages prescribed by Labour and Employment Department of Government of Orissa, question of payment of differential arrear wages does not arise because Award passed in I.D. Case No.7 of 1979 was finalized during the period when there was no specific wage rate fixed by the Government for different categories of the workers. The opposite party-Management further contended that the aforesaid Award was passed with presumption that Nildunguri Sisal Estate was earning profit regularly like other farms, but the real fact is that it is a loss making unit of the Government and the consecutive loss from 1963-1964 to 1999-2000 has crossed a staggering height of Rs.2,34,67,676.00. As such, since the farm incurring heavy loss and as the permanent labourers of the farm have crossed more than 67 years approximately and have crossed the limit prescribed by the Government, it may not be possible to pay wages as per the Award.