WRIT PETITION 3044 of 2005 on 6 April 1981

W.P.(C) No. 3044 of 200508.12.2015 Heard leaner counsel for the petitioner. 2. This writ petition has been filed by the petitioner with a prayer to direct the opposite parties to pay the arrear dues of her late husband namely P. Sankaran, who was working as Rigger under work charged establishment of Rengali Dam Division, in the higher scale of pay for the period from 06.04.1981 to 09.06.1992 as per the award passed by the Labour Court, Bhubaneswar in I.D Case No. 20 of 1988 within a stipulated period.

3. On perusal of the records, it appears that the husband of the petitioner while working as Rigger under work charged establishment of Rengali Dam Division fell seriously ill for which he has resigned from his post w.e.f. 09.06.1992 and died on 24.06.2010. An Industrial Dispute being I.D. Case No. 20 of 1988 was filed by Rengali Samakoi Dam Project and Samal (Contractor) Labour Union before the Presiding Officer, Labour Court, Bhubaneswar, wherein the Labour Court passed award on 27.11.1995 as follows: a) The Riggers richly deserve parity with the operators in the matter of pay and emol uments.

b) The Riggers are entitled to be placed pay scale of Rs. 300-410/- w.e.f. 01.1.1974 and the pay scale of Rs. 800-1240/- w.e.f. 01.11.1985.

c) While computing the arrears, Management shall deduct the amount already paid to the Riggers and in future it should be ensured that at least parity is maintained between the Riggers and the Operators.

Challenging the said award the State Government approached this Court in OJC No. 11786 of 1996 which was dismissed. Being aggrieved the State Government approached the Supreme Court be filing S.L.P. No. 624 of 2004 which was also dismissed. The Review Petition No. 1339 of 2005 filed by the State Government was dismissed by the Supreme Court on 08.11.2005. As the Review Petition was dismissed by the Supreme Court, the Superintending Engineer, Rengali Circle vide order dtd. 09.11.2006 allowed nine numbers of Riggers working in the Circle to draw higher scale of pay w.e.f. 01.01.1974 or from their actual date of joining. On 05.02.2009 the husband of the petitioner filed a representation before opposite party no. 2 with a prayer to release the differential scale of pay from 06.04.1981 to 09.06.1992 as similarly situated employees like that of the husband of the petitioner have got financial benefits, but no action was taken. After death of the husband of the petitioner, the petitioner also filed representation before opposite party no. 2 on 26.02.2011, which is pending consideration. It is contended by the learned counsel for the petitioner that the principle laid down in the said award also applies to the employees of Orissa Hydro Power Corporation. On perusal of the award in Annexure-2 we find that the Orissa Hydro Power Corporation Employees Union was not a party and therefore they cannot take the benefit of the said award. 4. Considering the facts and circumstances, this Court disposes of this Writ Petition directing the Executive Engineer opposite party no. 2 to consider the representation filed by the petitioner on 26.02.2011 in terms of the award passed by the Labour Court, Bhubaneswar in I.D. Case no. 20 of 1988 and the fact that similarly situated employees like the husband of the petitioner have got the financial benefits, and dispose of the same in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order along with a copy of this Writ Petition.

Dr. B.R. Sarangi, J.