Statutory compliance under Sections 25(F) and 25(G) of the Industrial Disputes Act is crucial in retrenchment cases for legality, with repercussions for failure to adhere to these provisions.

JUDGMENT

Murahari Sri Raman, J. -

The challenge in the intra-Court appeal:

Challenge being laid to Judgment dated 17.08.2021 rendered by the learned Single Judge in the writ petition bearing WPC (OAC) No.3077 of 2014 in the matter of an application under Article 226/227 of the Constitution of India, the opposite parties therein aggrieved thereby, preferred this intra-Court appeal beseeching to invoke provisions of Article 4 of the Orissa High Court Order, 1948 read with Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948, and prayed for grant of the following relief(s):

'Under these circumstances the Appellants most humbly pray that this Hon'ble Court may graciously be pleased to admit this appeal, call for the records and after hearing the parties be pleased to set aside the impugned order dated 17.08.2021 passed by the Hon'ble Single Judge in WPC (OAC) No.3077 of 2014 under Annexure-1 and further be pleased to pass any other order/ orders as may be deemed fit and proper;

And for this act of kindness the Appellants shall as in duty bound ever pray. '

1.1. Questioning legality of the Office Order of retrenchment dated 29.04.2011 as directed by the Superintending Engineer, Drainage Circle, Cuttack, the respondent approached this Court by way of filing a petition being W.P.(C) No.14006 of 2011 which came to be disposed of vide Order dated 05.05.2014 with an observation that the petitioner sought to withdraw the writ petition stating that she would move the State Administrative Tribunal.

1.2. Accordingly, the respondent approached the Orissa Administrative Tribunal by way of an application under Section 19 of the Administrative Tribunals Act, 1985, which was registered as O.A. No.3077(C) of 2014.

1.3. After abolition of said Tribunal by virtue of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Notification F. No. A-11014/10/2015-AT [G.S.R.552(E).], dated 2nd August, 2019), the said case having been transferred to this Court, O.A. No. 3077 (C) of 2014 has been re-registered as WPC (OAC) No. 3077 of 2014.

Grievance of the appellants:

2. Few facts, to avoid prolixity, are recited as they appear from the pleadings.

2.1. The respondent, Nominal Muster Roll employee as Mate (Typist) under the Executive Engineer, Mahanadi Barrage Division, Cuttack, engaged on 21.03.1985, was terminated on 01.03.1989. Industrial Dispute being Case No.256 of 2008 was set up between the Executive Engineer, Mahanadi Barrage Division, Gandarpur, Cuttack (first party-Management) and Smt. Mamata Manjari Mohanty (second party-workman) alleging violation of the provisions contained in Section 2 5 -F and 25-G of the Industrial Disputes Act, 1947 (for brevity 'ID Act'), before the Labour Court, Bhubaneswar, which was subsequently got transferred to the Industrial Tribunal, Bhubaneswar vide Order dated 04.04.2008.

2.2. While the matter was thus pending before the Industrial Tribunal, Bhubaneswar, by virtue of Notification bearing No. 7323, dated 28.02.2009, Government of Orissa took a decision to bring the NMRs, who were engaged prior to 12.04.1993 to the work-charged establishment with effect from 01.03.2009, consequent upon which directions were issued to the Engineer-in-Chief of the Water Resources Department to bring such employees to the work-charged establishment.

2.3. Thereafter an Award dated 24.02.2010 has been made by the learned Industrial Tribunal with the following conclusion:

'8. It may be stated at