IN THE HIGH COURT OF ODISHA AT CUTTACK (An application under Articles 226 and 227 of the Constitution of India)

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Aska Co-operative Central Bank Ltd., represented through its Secretary, At/PO: Aska, Dist: Ganjam .... Petitioner -versus-

1. State of Odisha, represented through Secretary Labour and Employment, Secretariat Building, Bhubaneswar, Dist: Khurda

2. The Presiding Officer, Industrial Tribunal Office, Odisha, Bhubaneswar

3. The General Secretary, Cadre Sampadak Sangha, Aska Cooperative Central Bank Ltd., At/PO: Aska, Ganjam.

4. Registrar, Cooperative Societies, Odisha, Bhubaneswar, Dist: Khurda …. Opp. Parties Advoca te for the parties For Petitioner : Mr. Sourya Sundar Das, Senior Advocate Assisted by Ms. Baijayanti Mohanty, Advocate For Opposite Parties : Mr. Pradeep Kumar Sahoo, Additional Standing Counsel (For Opposite Party Nos.1, 2 & 4)

Mr. Shaktidutta Tripathy, Advocate (For Opposite Party No.3)

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ----------------------------------------------------------------------------------------

Date of Hearing: 08.04.2025 :: Date of Judgment : 27.05.2025 ---------------------------------------------------------------------------------------------

J U D G M E N T

S.K. Mishra, J

1. This matter is taken up through hybrid mode.

2. Award dated 6^th October, 2001 (Annexure-4) passed by learned Presiding Officer, Industrial Tribunal, Odisha, and Bhubaneswar in Industrial Dispute Case No.80 of 1994 is under challenge in this writ petition, wherein all issues, except Issue No. IV, have been dealt with and answered on merit in favour of the Opposite Party No.3-Union.

3. Parties are described as per their status before Industrial Tribunal for the sake of convenience in discussion.

4. The admitted facts on record, which led to filing of the writ petition, are that there was a dispute between the Second Party-Union and the Aska Co-operative Central Bank Ltd., the First Party- Management, which is a registered Co-operative Society and engaged a number of persons, including Cadre Secretaries to manage the societies in their day-to-day business. The Cadre Secretaries have formed a registered trade union, i.e., Cadre Sampadak Sangha, to safeguard their interest. They claimed travelling allowance (T.A) at par with Junior Assistant of the Bank asserting that since they are discharging same and similar nature of duties as that of a Junior Assistant, they should get Rs.35/- per day as T.A., which is availed by a Junior Assistant instead of only Rs.8/- per day. Further, they claimed an additional remuneration of Rs.200/- on the ground of being kept in charge of two Service Co-operative Societies simultaneously. They also claimed for regularization of the services of the Cadre Secretaries working on ad-hoc basis so also bonus for the accounting year 1987- 88 onwards from Management. Moreover, they claimed for revision of pay scale of the Cadre Secretaries at par with the Junior Assistant of the Bank.

5. On failure of conciliation on the said demand of the Union, the Government of Odisha in the Labour and Employment Department, vide order dated 27.08.1994, in exercise of power conferred under sub-section (5) of section 12 read with clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (for brevity ‘I.D. Act’) referred the following disputes to learned Presiding Officer, Industrial Tribunal, Odisha, Bhubaneswar for adjudication.

1. Whether Travelling Allowance paid to the Cadre Secretaries working under the Aska Co-Operative Central Park Ltd., Aska District Ganjam whenever they go on tour to places outside their jurisdiction needs any upward revision? If so, what would be the quantum?

2. Whether the Cadre Secretaries working under the Aska Co-

operative Central Bank Ltd. Aska, Dist-Ganjam who remain in charges of. two service Co-operative Societies simultaneously are entitled for any extra remuneration? If so, what should be the quantum?

3. Whether the services of the Cadre secret