IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No. 11876 of 2021

(An application under Articles 226 and 227 of the

Constitution of India)

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Sundargarh Shramik Sangha represented by the General Secretary,

Prasanta Kumar Behera …. Petitioner

-versus-

1. Central Government Industrial

Tribunal -cum- Labour Court,

Bhubaneswar

2. General Manager Eastern Region

SAIL House, Kolkata

3. Branch Manager, Branch Sales

Office of SAIL Central Marketing Organization F- 10,

Rourkela

4. Government of India, Ministry of

Labour and Employment, Office of the Regional Labour Commissioner (Central)Rourkela,

Sundergarh …. Opp. Parties

Ad vocate for the parties:

For Petitioners : Ms. Debadeepta Sahoo, Advocate

with Mr. Amit Prasad Bose, Advocate

For Opposite Parties : Mr. Debasis Satapathy,

Senior Panel Counsel

(for O.P. Nos. 1 and 4)

Mr. Bijoy Dasmohapatra, Advocate

(for O.P. Nos. 2 and 3)

CORAM:

JUSTICE K.R. MOHAPATRA

JUSTICE SAVITRI RATHO

Heard and Disposed of on : 26.08.2025

JUDGMENT

By the Bench:-

1. This matter is taken up through hybrid mode.

2. Petitioner-Union in this writ petition seeks to assail the award dated 21^st February, 2020 (Annexure-1) passed by the Presiding Officer, Central Government Industrial Tribunal -cum- Labour Court, Bhubaneswar (for brevity “the learned Tribunal”)

in Industrial Dispute Case No. 65 of 2012.

3. Ms. Sahoo, learned counsel appearing along with Mr. Bose, learned counsel for the Petitioner-Union submits that Workmen, 14 (fourteen) in number, to whom the Petitioner- Union represents, were engaged as casual Workmen in the Central Marketing Organization, SAIL at Rourkela Office (for brevity “the Management”). The Workmen, through the Petitioner-Union, raised demand to regularize their services and to pay them wages at par with the employees of the Management. The demand raised by the Petitioner-Union was not paid any heed for which they approached the labour machinery for conciliation. On submission of failure report by the Conciliation Officer, the matter was referred by the appropriate Government to the Tribunal to adjudicate the following reference:-

“Whether the demand of the Union to regularize 14 casual workmen (list enclosed) by the Central Marketing Organization, SAIL at their Rourkela office is legal and justified and whether these workmen are entitled to get SAIL wages? If so, what benefit these workmen are entitled to?”

4. The second party Union filed its statement of claim on behalf of the Workmen. It is stated inter alia that the Workmen were engaged in the Rourkela Office of the Management. The said branch office had no sanctioned post of Sweeper and Diary Dispatch Clerk. It has also no sufficient Class-IV staff. Hence, the Branch Manager of the Management engaged the Workmen for Sweeping and cleaning of the office rooms, for supplying water, distribution of dak, gardening, tea making and for attending to other essential nature of jobs. The Workmen were working there for 12 to 30 years continuously and they were paid monthly wages uninterruptedly varying from Rs.700/- to Rs.3800/- per month depending upon the nature of work and job discharged by them. There was no provision for casual leave, earned leave or medical leave for the Workmen. No attendance register was also being maintained to mark attendance of the Workmen. But, their attendance was being marked on plain paper sheets by the concerned officer on the basis of which, they were paid their wages at the end of the month and thereafter such attendance sheets were being destroyed. Since some of the Workmen were required to go inside the prohibited area of the Rourkela Steel Plant, they were issued with identity card. In view of the above, the Workmen approached the Management for regularization of their services and equal pay for equal work. Such demand of the Workmen was not fulfilled. Thus, they approached the Conciliation Officer to resolve the dispute. On failure of conciliation, the matter was referred to the Tribunal for adjudication of the industrial dispute. As such,