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IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA, SANJAY KUMAR MISHRA
Orissa Industrial Infrastructure Development Corporation – Appellant
Versus
Presiding Officer, Industrial Tribunal – Respondent
| Table of Content |
|---|
| 1. writ petition pertains to management's perspective. (Para 1) |
| 2. arguments against worker's engagement presented. (Para 2 , 3 , 4) |
| 3. court's analysis of evidence and findings. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. court affirms the validity of the award. (Para 14) |
| 5. writ petition dismissed. (Para 15) |
JUDGMENT :
1. The writ petition is of the management. It was moved before this Bench on 9th November, 2022, when Mr. Mishra, learned senior advocate appearing on their behalf had submitted, there had been orders made by coordinate Benches, requiring affidavits being filed.
“3. We find, impugned is award dated 30th March, 2010. We have perused order of reference being whether 80 causal workers are entitled for regularization along with payment for equal pay on equal work. The tribunal found on facts, inter alia, 43 persons out of 80 workmen were seeking regularization. Particulars of the persons have been given in page-11 of the award. It goes on to record a further finding of fact that the management had regularized good number of Nominal Muster Roll (NMR) employees with approval of the Board of Directors. Those regularized stood in same footing as the 43. Hence,
The tribunal's findings on the regularization of workmen, based on their long service and lack of evidence from management, were upheld, illustrating the court's respect for factual determinations in....
The absence of proper contractor registration leads to a presumption of employer-employee relationship, entitling workmen to regularization in permanent jobs.
The court established that the mere payment of wages or bonuses does not create an employer-employee relationship if a valid contractor exists.
Establishing an employer-employee relationship is essential for regularization claims; contract-based employment does not create inherent rights to permanent status.
The court's decision emphasized the importance of proving regularisation claims under relevant settlement agreements and upheld the Tribunal's findings based on evidence.
Point of Law : Industrial Tribunal lacks jurisdiction to pass an award in the present matter, still, this Court exercising its power under writ jurisdiction would not set aside the award.
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