By the Bench:
1. This matter is taken up through hybrid mode.
2. Award dated 20th July, 2009 (Annexure-1) passed by the
learned Presiding Officer, Labour Court, Bhubaneswar (for brevity
„Labour Court‟) in Industrial Dispute Case No.50 of 2004 is under
challenge in this writ petition, whereby the Opposite Party No.1-
Workman has been directed to be reinstated in service with a lump
sum amount of Rs.20,000/- towards back wages.
3. Parties are described as per their respective status before
learned Labour Court for the sake of convenience in discussion. None
appears for the Opposite Party No.1-Workman on call.
4. The admitted facts on record, which led to filing of the
writ petition, are that, the Workman was appointed by the
Management as Cook, vide order dated 10.12.1998 on a consolidated
salary of Rs.2800/- per month in Kuntala Kumari Sabat Girls‟ Hostel,
Unit-II, Bhubaneswar till the appointment of a regular employee.
Accordingly, he joined the duty in the said hostel. While working as
such, vide order dated 03.04.1999, the Management revised the mode
of engagement of the Workman on 44 days basis on a monthly wage
of Rs.780/- with one weekly off day or Rs.1020/- per month in lieu of
the weekly off days with retrospective effect from 11.12.1998.
Accordingly, his salary was reduced from Rs.2800/- per month to
Rs.780/- or Rs.1020/- per month, as the case may be. But before
issuance of the said revised engagement order, the Workman had
already been paid salary @ Rs.2800/- per month for three months
from his date of joining, i.e., 11.12.1998. While working as such, the
Workman approached the Orissa Administrative Tribunal,
Bhubaneswar in O.A. No.131 of 2001 for regularisation of his service.
The said O.A. was disposed of vide order dated 08.02.2001 with a
direction that if any regular selection is held for filling up of a post of
a regular Cook in the said hostel, the Workman (Applicant in O.A.
No.131 of 2001) having served in the Institution for a period of pretty
long time, be allowed to compete with others in the regular selection,
provided he possesses the minimum educational qualification
prescribed for the post with further direction that till such regular
selection is made, the Applicant may be allowed to continue as an ad
hoc Cook subject to the conditions detailed in the said order.
4.1 However, instead of acting in terms of the observation
made in order dated 08.02.2001, passed in O.A. No.131 of 2001, the
services of the Workman were terminated on 22.03.2001 without
giving one month‟s prior notice or one month‟s salary in lieu of notice
period so also compensation in terms of Section 25-F of the Industrial
Disputes Act, 1947 (for brevity „the I.D. Act‟).
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