SANJAY KISHAN KAUL, K.M.JOSEPH
General Manager, Electrical Rengali Hydro Electric Project, Orissa – Appellant
Versus
Giridhari Sahu – Respondent
JUDGMENT :
K.M. JOSEPH, J.
1. This appeal by special leave is directed against judgment of the High Court of Orissa dismissing the Writ Application filed under Articles 226 and 227 of the Constitution of India by the appellant. What was called in question before the High Court was the Award passed by the Labour Court, Bhubaneswar.
2. By the impugned order, the High Court had dismissed the Writ Application and confirmed the Award. The award was passed on an application filed under Section 33A of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the Act’, for short) by 90 workers of the appellant, the respondents herein who shall be referred as the applicants.
3. On 28.10.1992, the High Court, in Writ Petition O.J.C. No. 2420 of 1989, held that the NMR workers in the Rengali Hydro Electric Project (RHEP) who had worked continuously for a period of five years on the date of the judgment, were entitled for regularization. They were found entitled to same pay as regular employees. The appellants challenged the same by a Special Leave Petition which was converted to Civil Appeal Nos.7342-7343 of 1993.
4. In short, the case of the applicants (who were NMR workers in the Rengali Un
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