KAILASH ROULA AND OTHERS Vs. MANAGING DIRECTOR, ORISSA FOREST DEVELOPMENT CORPORATION LIMITED, BHUBANESWAR AND OTHERS

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India wherein the order dated 12.10.1999 passed by the Orissa Forest Development Corporation Limited is under challenge whereby and where under the authorities have rejected the claim of the petitioners for their reinstatement in service due to having no scope to accommodate them in employment.

(2.) The fact leading to approach this Court by way of the instant writ petition is that the petitioners were working at Orissa Forest Development Corporation Limited, Berhampur Plantation-A Division to the satisfaction to their superiors but all of a sudden their services have been dispensed with against which they had approached this Court in O.J.C. No. 7320 of 1998, this Court while disposing of the writ petition vide order dated 30.6.1998 has directed to consider grievance of the petitioners in the light of the said order, the authorities have taken decision by rejecting the claim of engagements on account of the fact that the work area and the workload of the Orissa Forest Development Corporation have been squeezed consequent upon withdrawal of the sponsored scheme and there is no scope to accommodate the petitioners in employment, hence disengaged with effect from 25.10.1999.

(3.) Learned senior counsel representing the petitioners has submitted that the authorities while taking decision have not taken into consideration the principle of first come last go since workers engaged under the Division after engagement of the petitioners have been retained in service and as such it cannot be said that there is no work available under the Berhampur Plantation-A Division.