PRASANTA KUMAR MAHAPATRA Vs. INDIAN RARE EARTHS LTD.

JUDGEMENT

(1.) THE Petitioner is working as Scientific Officer (Technical Services) in the establishment of Orissa Sands Complex (OSCOM), a unit of M/s Indian Rare Earths Ltd. He seeks to assail the transfer. Order Dated 23.12.2008 (Annexure -4) as well as the Order Dated 10.2.2009 (Annexure -7) by which, the representation filed by him has been rejected.

(2.) BEFORE traversing the facts, it would be apt to state that Orissa Sands Complex (OSCOM) is one of the units of M/s Indian Rare Earths Ltd. (hereinafter, called in short as "IREL"), which is a Government of India Undertaking & is registered under the Companies Act. The IREL presently has four industrial units, two of which are situated in the State of Kerala i.e. at Chavara Plant & Rare Earths Division, Udyogmandal, one in Tamulnadu (Manavalakuruchi) & the other being Orissa Sands Complex in the State of Orissa. Besides the aforesaid four units the company has also got a Research Centre at Kollam, which is called as Indian Rare Earths Ltd. Research Centre.

(3.) THE Petitioner was initially appointed as Charge Man in Orissa Sands Complex, Chhatrapur in the year 1987 & by efflux of time he was placed under S -1 Grade -in the Supervisory Cadre in the year 1991. A decision was taken by the Opp. Parties to give effect the Revised Scale of Pay to all the employees holding Supervisor Cadre in different units w.e.f 01.01.1987 but then the said privilege was not extended to S -1 Grade employees of OSCOM. Being aggrieved the Petitioner & 31 others approached this Court in OJC No. 4743 of 1998.