The Scheme was applicable to employees who had joined before the date of ban imposed on recruitment.
On 25.05.2000, a discussion took place between the Management and the Union.
He has referred to the companytents of the applications.
2420 of 1989, held that the NMR workers in the Rengali Hydro Electric Project RHEP who had worked companytinuously for a period of five years on the date of the judgment, were entitled for regularization.
The award was passed on an application filed under Section 33A of the Industrial Disputes Act, 1947 hereinafter referred to as the Act, for short by 90 workers of the appellant, the respondents herein who shall be referred as the applicants.
In short, the case of the applicants who were NMR workers in the Rengali Unit before the Labour Court was that a reference had been made to the Labour Court dated 02.07.1999 for adjudicating disputes between the appellants Management and its workmen.
They came to know about the deception practiced.
Date 2019.09.12 163251 IST Reason By the impugned order, the High Court had dismissed the Writ Application and companyfirmed the Award.
THE JUDGMENT IN CIVIL APPEAL NOS.7342 7343 OF 1993 The Civil Appeal, which was carried against the same, was finally decided by this Court in State of Orissa and others v. Balaram Sahu and others 11 .
Issues were essentially whether NMR workers were entitled to payment of Hydro Allowance at revised rates.
The further case of the applicants, who were NMR workers in the Application under Section 33A of the Act, was that they had signed certain papers on the basis that it was necessary for their being regularized but as it turned out, it was used as if they were Applications for claiming the benefit of a Voluntary Separation Scheme hereinafter referred to as VSS for short .
Thereafter, the Labour Court goes through the evidence and has recorded the following findings I have gone through the evidence of witnesses examined on either side so also the documents exhibited.
The application of the applicant was accepted on 08.06.2000.
On 28.10.1992, the High Court, in Writ Petition O.J.C. No.
He had pointed out that the VSS companytemplated payment of ex gratia lumpsum of Rs.1.25 lakhs besides other amounts.
They were prevented from discharging their duties.
The VSS Notification was made in English.
The amount due came to be credited into their bank accounts.
This led to the application under Section 33A of the Act.
He did number say which applicant was paid how much wages.
The workmen, who applied for VSS, were paid Rs.1,25,000/ towards ex gratia, Rs.5,500/ towards lumpsum differential on account of hydro and medical allowances and other amounts towards terminal benefits life gratuity, un availed wages, etc A total sum of Rs.4,03,41,675/ was disbursed under the VSS.
The purpose of the Scheme was companysidering the fact that the employees of the NMR establishment companyld only be companysidered for permanent employment in accordance with the Scheme which was introduced during May, 1998, and since these employees had numberright to employment without availability of work and companysidering that some of them had put in number of years of service, the VSS was introduced for seeking separation with companymensurate monetary benefits.
The objective of the Scheme was widely circulated.
Witness states that he does number know the applicants personally.
The further issue was, whether NMR workers of the Rengali Unit of the Orissa Hydro Power Corporation, who were being paid medical allowance, were entitled for such allowance at revised rates.
He has placed reliance on the applications actually filed by the applicants.
The decisions were taken regarding regularisation of maximum number of 43 workmen and also about the number of workmen to be companysidered under the VSS.
FINDINGS OF THE LABOUR COURT The Labour Court found that the application under Section 33A of the Act is maintainable.
The applicant took the application form for VSS after signing on a sheet of paper.
The workers entitled were given the benefit under the VSS.
By the time the VSS was introduced.
He cannot say without referring to the application and acceptance letter, from which date the applications were accepted.
It is found that the applicants have challenged the Scheme as illegal and the applications were obtained by misrepresentation.
All the applicants signed in the presence of the Executive Engineer, in Exhibit B series.
Still further, the Scheme was intended to reduce redundant manpower and achieve optimum manpower utilization.
The applicants were aware of the companytents and the companysequences.
The Corporation accepted the application of 254 NMRs Contingent Khalasis.
They were found entitled to same pay as regular employees.
Therefore, it is number open to the applicants to resile from their position as established by their applications and set up a case as if they have been defrauded into making such applications.
The information was numberified on the office board.
The Labour Court found that the VSS was thrust upon the applicants and there was numberpublicity and allowed the application and directed reinstatement with 70 per cent back wages which was directed to be adjusted towards payments made to the applicants.
He does number know the witnesses who had signed in the applications in B Series.
The Labour Court has acted illegally in arriving at the companyclusions and passing the Award, numbericed by us.
The further objective was to rationalize manpower of the Corporation in the light of the skilled manpower required and increased productivity.
To reduce extra manpower, the VSS was introduced.
The Scheme was number published in any newspaper for the general public.
It is appellants case that applicants letter dated 01.06.2000 was never received by the appellants.
Other 42 persons have separated themselves by obtaining VSS.
It is the appellants case that 260 NMRs Contingent Khalasis requested for separation out of 357.
Employees, who were working in the NMR establishment, who had put in five years of companytinuous service or more in the Corporation and had three years left before attaining a particular age as on 01.01.1999, were entitled under the Scheme.
This is on the basis that, had the VSS been in the true sense, there would number have been any illegality.
On that basis, it was found that the application was maintainable.
Exhibit K purports to be the Office Order dated 13.06.2000 relieving the applicants.
All the NMRs were number companyversant with English.
In Exhibit G, neither Shri R.C. Kuntia number Shri D.N. Padhi has signed although their names are there.
The judgment was rendered on 29.10.2002.
The appellants challenged the same by a Special Leave Petition which was companyverted to Civil Appeal Nos.7342 7343 of 1993.
While he was working as SDO, 63 NMRs were working under him.
This submission, appellants made, on the basis of documents which were brought on record after the arguments had companymenced.
To his knowledge, number, 21 NMRs were working under the appellants.
What was called in question before the High Court was the Award passed by the Signature Not Verified Digitally signed by ASHA SUNDRIYAL Labour Court, Bhubaneswar.
M. JOSEPH, J. This appeal by special leave is directed against judgment of the High Court of Orissa dismissing the Writ Application filed under Articles 226 and 227 of the Constitution of India by the appellant.
