PRASANTA KUMAR LENKA Vs. OSIC LTD.

JUDGEMENT

(1.) Orissa Small Industries Corporation Limited (for short "OSIC Ltd.") is a Government of Odisha Corporation. Petitioner was initially appointed as a Junior Clerk on 20.06.1987 in Orissa Pump and Engineering Company Limited (for short "OPEC Ltd.") which is a wholly owned subsidiary of OSIC Ltd. Initial appointment of the petitioner was subject to probation for a period of one year and after its completion he was regularized. While so continuing, he was relieved from his duties and asked to report for duty at OSIC Ltd., Cuttack w.e.f. 05.09.1994 along with two other employees of OPEC Ltd. On 21.10.1998, OSIC Ltd. executed an agreement with the private entrepreneurs and transferred OPEC Ltd. to them. After such transfer, the new management of OPEC Ltd. published an advertisement in Odia daily "the Samaj" dated 21.11.1998 calling upon all its employees to join their duties. Again on 10.01.1999, another notice was published in the same newspaper calling upon the employees of OPEC Ltd. to join their duties by 12.01.1999, failing which no claim of the old employees would be entertained. The petitioner, having not been relieved by OSIC Ltd., could not join in OPEC Ltd. But almost three years after OPEC Ltd. was sold to private entrepreneurs, OSIC Ltd. on 16.05.2001 passed an order reverting back the petitioner along with others to OPEC Ltd. which was owned, managed and controlled by private entrepreneurs then.

(2.) Challenging his reversion to OPEC Ltd., petitioner filed OJC No. 6878 of 2001. This Court, by order dated 14.11.2007, set aside the order dated 16.05.2001 reverting the petitioner to OPEC Ltd. and directed OSIC Ltd. to reinstate him in service holding that the petitioner was the employee of OSIC Ltd., and further directed to pay back wages at the rate of 40% of the total entitlement of the petitioner in six equal bi-monthly instalments. As opposite parties did not carry out the order dated 14.11.2007 passed by this Court in OJC No. 6878 of 2001, petitioner filed CONTC No.146 of 2008. Just then, OSIC Ltd. preferred SLP No. 2219 of 2008 challenging order dated 14.11.2007 passed by this Court in OJC No. 6878 of 2001. The apex Court, though initially stayed further proceeding in CONTC No.146 of 2008, by order dated 17.04.2009 declined to grant leave to OSIC Ltd. and consequentially dismissed the SLP.

(3.) Soon after dismissal of the SLP, OSIC Ltd. reinstated the petitioner in service at Cuttack office, but transferred him to Kesinga in the district of Kalahandi, where he joined immediately. In July, 2009, he was paid back wages, as if he was an employee of OPEC Ltd. Meaning thereby, the back wages were determined at the scale of pay of Rs. 1400-2300.00 which was paid by OPEC Ltd. to the petitioner. Whereas at the relevant point of time, the employees of OSIC Ltd were getting the scale of pay of Rs. 4750-7500.00. As he was not paid the scale of pay admissible to the post held by him in OSIC Ltd., he made representation to the authority concerned, but the same was not adhered to. Aggrieved by such action of the authority, the petitioner has approached this Court by means of this application.