MANAGING DIRECTOR, ORISSA FOREST DEVELOPMENT CORPORATION LTD , BHUBANESWAR Vs. ARUN KUMAR SWAIN & TWO OTHERS

JUDGEMENT

(1.) These Writ Petitions have been filed assailing the award dated 02.12.2009 passed by learned Presiding Officer, Industrial Tribunal, Bhubaneswar in ID Case No.297 of 2008 directing reinstatement of the Workmen in service and grant them benefit of service continuity and to pay a lump sum of Rs.10,000/- in lieu of back wages. Since all the three writ petitions have been filed assailing the self-same award, the same are taken up together for convenience and disposal.

(2.) Writ Petition bearing W.P.(C) No.4616 of 2010 has been filed by the Managing Director, Orissa Forest Development Corporation, Bhubaneswar (for short, 'the Corporation') assailing the direction to reinstate the Workmen in service. W.P.(C) No.20652 and 20653 of 2011 have been filed by Sri Prakash Samal and Sri Arun Kumar Swain (for short, 'the Workmen') respectively claiming full back wages.

(3.) In order to appreciate the point of controversy brief narration of relevant fact is necessary. The Corporation is a Government of Orissa Undertaking and has several Divisions under it. The Workmen, namely, Sri Prakash Samal and Sri Arun Kumar Swain, were engaged in Berhampur Plantation (A) Division and Cuttack Plantation Division respectively as temporary LD Assistant on ad hoc basis with effect from 28.01.1991. As the Corporation sustained continuous loss, Tata Consultancy Services (for short, 'TCS') was assigned with the job of examining the cause of loss, which advised for reduction of surplus manpower. Taking into consideration such report, the Board of Directors of the Corporation resolved to effect retrenchment of surplus manpower by following due process of law provided under the Industrial Disputes Act, 1947 (for short, 'the Act'). In due course, the Cuttack Plantation Division was transferred to the control of the State Government in the year 1997 and Berhampur Plantation (A) Division was abolished during the last part of 1996, for which the Workmen became surplus. Apprehending their retrenchment, the Workmen had filed OJC Nos.2267 of 1998 and 2259 of 1998 with a prayer for direction to regularize their services.