JUDGMENT :

C.R. Dash, J. The workmen represented through SOUTHCO METRE READERS’ SANGHA have impugned the award dated 26.09.2012 passed by the learned Presiding Officer, Labour Court, Jeypore, circuit at Berhampur, in I.D. Case No.1 of 2009 answering the Reference in negative and thereby dismissing the claim of the petitioner holding that they are not entitled to get any relief.

2. The case of the workmen, briefly stated, is that, initially the workmen who are members of the Sangha were working under GRIDCO continuously without any break as Contractual Metre Reader. As per the agreement dated 24.05.1999 between the GRIDCO and SOUTHCO, the power distribution licence was given to SOUTHCO represented by the Chief Executive Officer, whose subordinates are the present opposite parties. After transfer of power distribution licence to SOUTHCO by the GRIDCO, the workmen also continued to do the work of Metre Reader, maintenance, collection of Bills and distribution of Bill Papers under the Executive Engineers of Aska Electrical Division, Chhatrapur Division and Digapahandi Division of the SOUTHCO. It is further pleaded that the workmen had got required service qualifications and they have also been granted with Service Certificates and office orders and they are continuously working under the SOUTHCO without any break. Without any reason the workmen were not allowed to work by the authorities of the SOUTHCO. It is specifically pleaded that, though the workmen were doing the work of Metre Reader since about a decade, in spite of change of administration from the hands of OSEB to GRIDCO and from GRIDCO to SOUTHCO, yet they had not been regularized in their services, rather they have been disengaged by disallowing them to work without following the mandatory provision of Section 25-F of the I.D. Act. Against the action of the opposite parties – Management, the workmen approached the Conciliation Officer –cum-D.L.O., Berhampur. The conciliation having failed, Failure Report was submitted to the Government, and the Government referred the case to the Labour Court for adjudication of the following disputes :-

(i) Whether the termination of 56 Metre Readers as listed in Schedule-1 of the CFR by the management of Southern Electricity Supply Company of Orissa Ltd., Berhampur and Executive Engineer, Aska Electrical Division, Aska Executive Engineer G.N.E.D., Chhatrapur and Executive Engineer GSED, Digapahandi are legal and / or justified ? If not, to what relief the workman is entitled to ?

(ii) Whether demand of SOUTHCO Metre Reader Sangh, At/P.O. – Khameswari Patna, Aska, Ganjam for regularization of services of six Metre Readers by the Management of Southern Electricity Supply Company of Orissa Ltd., Berhampur and E.E., Aska Electrical Division, Aska, E.E., G.N.E.D., Chhatrapur and Executive Engineer, GSED, Digapahandi as per list in Schedule II of the report of the C.O. –cum-Dist. Labour Officer, Berhampur is legal and/ or justified.

3. The Management / opp. parties filed separate written statement before the Labour Court. All of them pleaded that there was no employer or employee relationship between the Management and the workmen. Owing to increase in workload, the Management decided to engage some outsiders for Meter Reader job on contract basis and accordingly the workmen were engaged on contractual basis at the rate fixed by the Management. The workmen neither have been recruited against any sanctioned posts nor through due recruitment process of the Company, and their engagement are ipso facto contractual on rate contract basis. Different rates were fixed for metres installed in rural and urban areas. They have specifically averred that the workmen were not been paid wages or salary at fixed rate for the contractual job they were discharging. They were being paid on the basis of numbers of meters they have read. They are not required to put their attendance for work and they had no schedule time of work. The workmen were not required to