Orissa High Court
Paradip Port Trust vs Central Government on 9 May, 2022
Author: M.S. Raman
Bench: M.S. Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.2016 of 2022
Paradip Port Trust .... Petitioner
Mr. Saurjya Kanta Padhi, Senior Advocate with
Mr. Jyoti Prakash, Advocate
-versus-
Central Government
Industrial Tribunal-cum-
Labour Court, Bhubaneswar .... Opp. Parties
& another
Mr. Prabhu Prasanna Behera, CGC
(for O.P. No.1)
Mr. Jaganath Patnaik, Senior Advocate
with Ms. Soma Patnaik, Advocate
(for O.P. No.2)
Mr. Debendra Mohanta, Advocate for Caveator
CORAM:
JUSTICE JASWANT SINGH
JUSTICE M.S. RAMAN
ORDER (ORAL)
Order No. 09.05.2022
04. 1. This matter is taken up by virtual/physical mode.
2. Additional Affidavit dated 07.05.2022 along with the 1979 Scheme at Annexure-11 has been filed in Court. Copy of the same furnished to the learned counsel for the Opposite Parties, taken on record. Registry to place the same at the proper place and paginate the paper book.
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3. It is contended that the decision not to pay the Variable Dearness Allowance (VDA) for the period in between 01.11.2000 to 31.12.2011 to the Clearing, Forwarding & Handling Scheme Workers, employed by the C & F Agents was taken by the Management Committee constituted as per the recommendations of the High Power Committee/mandated by the Hon'ble Supreme Court, which comprised equal number of representatives of the Workers and the Employers. Still further, the decision was taken in the commercial interest to maintain competitive prices for Port operations. It is also contended that in view of the contents of Para 15.22 of the High Power Committee report, there is no relationship of the employer and employee between the said contract workers and the Port Trust Authority. Hence, the Award granting the benefit of VDA for the aforesaid period is liable to be set aside.
4. Learned counsel for the Caveator heard.
5. Issue notice to the Opposite Parties.
6. Mr. Prabhu Prasanna Behera, Central Government Counsel and Mr. Debendra Mohanta, learned Counsel appear and waive off notice on behalf of the Opposite Party Nos.1 and 2. Let requisite number of copies of the writ petition be served on them within three working days.
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7. Till the next date, the implementation of the impugned Award dated 17.12.2020 shall be kept in abeyance.
Caveators are discharged.
8. List on 30.08.2022 along with W.P.(C) No.41559 of 2021.
(Jaswant Singh) Judge (M.S. Raman) Judge May 9th, 2022 Cuttack AKK Page 3 of 3