RAGHUNATH MAHAKUD Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) The workman has filed this writ application challenging the award dated 24.07.1993 passed by the Labour Court, Bhubaneswar, in I.D. Case No. 73 of 1990, holding the compulsory retirement of the workman by the State Government in the Transport Department to be legal and justified and that the workman is not entitled to any relief.

(2.) THE Petitioner -workman being aggrieved by the order of State Government in the Transport Department dated the 16/17.12.1982 directing his compulsory retirement from service on attaining the age of 50 years, raised industrial dispute, which was taken up for conciliation and the same having ended in failure, the State Government in the Labour and Employment Department referred the dispute to the Labour Court, Bhubaneswar, for adjudication. The terms of the dispute were as follows: Whetherthe action of the Commerce andTransport (Transport) Department/Management of O.S.R.T.C, Bhadrak in prematurely retiring Sri Raghunath Mahakud, Conductor, O.S.R.T.C, Bhadrak with effect from 17.12.82 is legal and/or justified? If not, to what relief is Sri Mahakud entitled?

(3.) THE case of the management was that the workman was initially appointed as a Conductor in the erstwhile STS, under the Transport Department of the State Government. With the formation of the OSRTC in the year 1974, the services of the workman were placed under the OSRTC on deputation, without payment of deputation allowance. The service conditions of such employee of the erstwhile STS were governed by the Orissa State Transport Employees Classification, Recruitment and Conditions of Service Rules, 1971. On the basis of the past performance and the entries in the CCR of the workman, the Review Committee constituted by the State Government decided that the workman, who was working as a Conductor on deputation in the OSRTC, should be retired prematurely forthwith in public interest. Accordingly the State Government in exercise of its power under Rule 51 of the Orissa State Transport Employees Classification, Recruitment and Conditions of Service Rules, 1971 (as amended), directed premature retirement of the workman with effect from 20.12.1982, on attaining the age of 50 years, allowing him three months pay and allowances in lieu of 3 months notice, as required under the said Rules.