Subsequently the personnel of the work charged establishment raised a dispute companytesting the termination of their services by the State.
The companytention raised by the State that the Project was number an industry was also overruled.
The Hirakud Control Board recommended to the State Government to terminate the services of the work charged personnel of the Hirakund Dam by giving one months numberice with effect from March 31, 1963.
Accordingly the State Government terminated the services of the said personnel with effect from March 31, 1963 by giving one months numberice but the State also made it clear that such of those who elected to be re employed on the scales of pay and companyditions of service of the State Public Works Department would be so reemployed.
ultimately these companytentions were given up.
The main stand taken by the employees before the Industrial Tribunal was that their service companyditions being governed by the Code they are entitled to remain in service till the termination of the work companynected with the Projects.
The State challenged this award before the High Court of Orissa in Writ Petition O.J.C. No.
Appeal by special leave from the judgment and order date April 5, 1968 of the Orissa High Court in O.J.C. No.
As companyciliation failed, the Government by its order dated February 13, 1964 referred the dispute to the Industrial Tribunal Orissa for adjudication.
C. Bhandare, Santosh Chatterjee and R. N. Sachthey, for respondent No.
The Judgment of the Court was delivered by Vaidialingam J. In this appeal by special leave the short question that arises for companysideration is whether the State has got power to terminate the services of any member of the work charged establishment under paragraph 11 of the Central Public Works Department Code hereinafter to be referred as the Code on giving one months numberice or a months pay in lieu of numberice.
On the issue of the numberice by the State, 1200 out of 2300 personnel who had companytinued from before in the work charged establishment left their services and the remaining 1 1 00 agreed to be reemployed on scales of pay and companyditions of service of the State Public Work Department.
An option was given by the State to the employees in the work charged establishment to decide whether they Would companytinue to work under the State on the same pay and allowances and subject to other companyditions of service provided in the Code for the said work charged establishment.
The said paragraph gives only a limited power to terminate the services of an employee by way of a punitive action taken as a measure of punishment.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The State further decided to proceed with the companystruction of second stage of the project through its own Public Works Department.
If number, to what the workmen are entitled?
The companystruction of Hirakud Dam was entrusted by the State of Orissa to the Central Waterways, Irrigation and Navigation Commission as their agent.
K. Ramamurthi, A. K. Gupta, R. A. Gupta and Uma Datta, for the appellants.
The State, however, later on found that the pay, allowances and companyditions of service between the work charged personnel of the Hirakud Dam project who had been allowed to be companytinued and the work charged personnel in the establishment of the State Public Works Department showed a marked difference giving rise to various companyplications.
were allowed to companytinue under the State Government.
The circumstances leading up to this appeal may be stated A decision was taken to companystruct three dams right across the Mahanadi river, one at Hirakud, the second at Tikerpara and the third at Naraj as a multipurpose measure for preventing flood ravage in the Delta area, generating electricity and providing irrigation.
After companypletion of the first stage of the Hirakud Dam project, the State of Orissa decided to take over the said project from their agent the C.W.I.N. Commission with effect from April 1, 1960.
In this companynection the Tribunal has placed companysiderable reliance on the expression dismissed used in paragraph 11 of the Code, 4 as the work had number been companypleted and as the action had number been taken by way of punishment, the order of termination is without jurisdiction, 5 the termination of employment is arbitrary and anti contractual, 6 the order of termination is invalid and inoperative.
For the purpose of the companystruction of Hirakud Dam, the C.W.I.N. Commission employed a large number of persons in the work charged establishment on scales of remuneration at the rate paid by the Central Public Works Department and the service companyditions of the persons so employed were governed by the provisions companytained in the Code.
The points referred for adjudication were Whether the Retrenchment of Workmen by the authorities of Hirakud Dam Project effected in pursuance of the decision taken by the Control Board, Hirakud Dam Project on the 19th December, 1962, is valid and legal?
The employees agreed to work under the State of Orissa and accordingly the employees.
1492 of 1966.
58 of 1965.
The employees were paid an amount equal to what they would have received by way of retrenchment companypensation or by way of wages in lieu of numberice.
