JUDGMENT

S.N. PRASAD, J. - In this writ petition the award dtd. 30.12.2008 passed in I.D. Case No. 102 of 2002 is under challenge whereby and where under the direction has been passed for reinstatement of the workmen in service after due identification by the representatives of the Union as per the list attached to the reference with a sump sum amount of Rs. 25,000/- only as compensation in lieu of back wages to each workman. Failing which the amount shall carry interest @ 9% per annum till its realization.

2.The workmen have raised a dispute which ultimately culminated in to following reference:-

“Where the action of the management of Puri Electrical Division, Puri in refusing employment of Sri Gadadhar Biswal and 65 others as per list enclosed herewith is legal and or justified? If not to what relief they are entitled to?

3.The case of the workmen is that they were working under Puri Electrical Division, Puri as NMR workers till 1.4.1995, thereafter the management refused employment to them and while refusing, Section 25F and 25N of the Industrial Disputes Act, 1947 has not been complied with. They have completed 240 days of continuous service under the management before they were refused employment. Moreover some juniors were allowed to continue in service after the above said workmen were retrenched which is unjustified and illegal and as such they are entitled to be reinstated with full back wages.

4.While on the other hand the case of the management is that Puri Electrical Division, Puri which is coming under the Central Zone and was under the control of erstwhile OSEB, with the reform process came under the control of GRIDCO, thereafter under the control of CESCO and at present is functioning under CESU and for smooth functioning of distribution business some staff and workers were appointed as per the norms and guidelines of erstwhile OSEB. Apart from the permanent staff some casual worker were also engaged for construction and maintenance of line according to the need where ever it is required. They were being engaged temporarily for a short period to complete a particular nature of work and after completion of the work they were being disengaged and as such no formal appointment letter was issued to any of them.

The said casual labours/NMR workers were being appointed on daily wage basis and as such no notice issued to them at the time of their disengagement. None of workmen has completed continuous service for a period of 240 days. The management has furnished the detail particulars of some workmen and the period of their engagement in the year 1981, 1982 and 1983. So, according to the management compliance of Section 25F and 25N of the Act, 1947 were not required.

5.Learned senior counsel representing the management while assailing the award has taken the following grounds:-

(i) The Central Electricity Supply Utility (in short CESU) is not liable to engage the workmen due to restructuring of Orissa State Electricity Board by way of Reformation Act having been promulgated by the State of Orissa under Orissa Electricity Reforms Act, 1995 and as per the said reorganization having been taken w.e.f. 1.4.1996 GRIDCO has taken over the transmission and distribution business and the Orissa Hydro Power Corporation (in short OHPC) has taken over the Hydropower Generation business of OSEB. The distribution business came under the control of GRIDCO and for smooth functioning of the distribution business, GRIDCO on 19.11.1997 incorporated four wholly owned subsidiary companies for effecting transfer of distribution functions to those companies in the respective four distribution zones, namely, (1) Central Electricity Supply Company of Orissa Ltd. (CESCO), at present known as CESU, Bhubaneswar for Central Zone, (2) Southern Electricity Supply Company of Orissa Ltd. (SOUTHCO), Berhampur for southern zone, (3) North Eastern Electricity Supply Company of Orissa Ltd. (NESCO) Balasore for north eastern zone and (4) Western Electricity Co