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IN THE HIGH COURT OF ORISSA AT CUTTACK
Biraja Prasanna Satapathy
Samal Barrage Employees’ Union – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J
1. Heard Mr. B.S. Tripathy(1), learned Senior Counsel along with Mr. A. Sahoo, learned counsel for the petitioner and Mr. A. Tripathy, learned Addl. Govt. Advocate for the State.
2. The present Writ Petition has been filed inter alia challenging order dated 31.12.2020, so passed by the Govt.-O.P. No.1 under Annexure-25. Vide the said order, claim of the petitioner-Union for regularization of the members of the petitioner-Union was rejected.
3. It is the case of the petitioner-Union that 1224 members of NMRs employees working in Samal Barrage Project, approached the State Administrative Tribunal by filing different Original Applications bearing O.A. Nos.1560(C)/ 1553(C)/ 1562(C)/1651(C)/ 1570(C) & 1781(C) of 1993 seeking regularization of their services. All the original applications were disposed of by the Tribunal vide a common judgment dated 02.06.1995 inter alia with the following direction:-
“29. We would accordingly dispose of the original applications with the following directions;
The applicants be brought over to work-charged establishment with effect from 02.09.1993 on which date the first original application No. 1553(C) of 1993 was faile
Employees who were brought to work-charged establishment cannot be retrenched without formal notice and should be regularized in line with relevant judicial principles and resolutions.
Long-serving work charged employees have a right to regularization and pensionary benefits, and the government cannot deny these rights after decades of service based on claims of irregular appointme....
Employee claims for pension must be considered in light of prior judicial rulings on regularization, asserting rights after prolonged service without due process.
The right to regularisation from the initial date of appointment is upheld when similarly situated employees are granted such benefits, confirming the principles of equality and non-discrimination in....
The court established that compliance with prior court orders regarding employment regularization is mandatory, and failure to do so can result in contempt findings.
The court upheld the Tribunal's awards for employee regularization, emphasizing the prohibition of unfair labor practices under the Industrial Disputes Act, while clarifying the need for state approv....
Employees engaged through contractors cannot be arbitrarily denied rights and benefits if recognized as direct employees by prior judicial decisions.
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