Orissa High Court
Indian Oil Thika Sramika Union vs Presiding Officer on 17 February, 2023
Author: Arindam Sinha
Bench: Arindam Sinha
IN THE HIGH COURT OF ORISSA, CUTTACK
WP(C) No.8600 of 2021
(Through hybrid mode)
Indian Oil Thika Sramika Union, ....... Petitioner
Balasore
-Versus-
Presiding Officer, Central ....... Opposite Parties
Government Industrial Tribunal-
Cum-Labour Court, Bhubaneswar
and others
Advocates appeared in the case:
For petitioner - Mr. R. Acharya,
Mr. S.R. Pati.
For opposite parties - Mr. Debaraj Mohanty,
(for opposite party no.3)
CORAM:
JUSTICE ARINDAM SINHA
JUSTICE SANJAY KUMAR MISHRA
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Date of hearing and Judgment : 17.02.2023
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ARINDAM SINHA, J.
1. Mr. Pati, learned advocate led by Mr. Acharya, learned advocate appears on behalf of petitioner (union). Mr. Pati submits, initially award dated 6th November, 1999 was passed in favour of the workmen. Clear directions were made regarding their entitlement but unfortunately, date of commencement for purpose of calculation of the benefits was not given. His client moved this Court earlier and the writ petition was disposed of by directing his client to approach the tribunal. On approach subsequent award dated 20th February, 2003 was made fixing date of commencement regarding calculation of the benefits to be 3rd May, 1993. His client then moved the tribunal under section 33(C)-2 in Industrial Disputes Act, 1947. The misc. case resulted in order dated 23th March, 2020. He submits, the order was clear in directing the management to pay the benefits as per the award. Yet, nothing has been done, which is why his client is again before Court.
2. Mr. Mohanty, learned advocate appears on behalf of the management. He hands up copy of letter dated 18th March, 2021 addressed by the management to the Union. We do not find endorsement of acknowledgement of receipt in the copy. The letter says that none from the union same forward to implement the award.
3. We reproduce below the directions made in award dated 6th November, 1999.
Page 2 of 4 WP(C) no.8600 of 2021 "In other words, it is hereby ordered that the first party management shall pay to the members of the second party wages @ Rs.1260/- per month. It is further directed that the second party workmen shall be entitled to 12 days of festival holidays. 10 days of sick leave, 10 days of casual leave and 20 days of earned leave every year. Bonus shall be repayable @ 17% per year besides the second party workmen shall be entitled to washing allowance @ Rs.25/- for month over and above supply of three pieces of Lifebuoy soaps. They are further held entitled to house rent allowance @ Rs.100/- per month, canteen allowance of Rs.3/- per day's attendance and medical allowance @ Rs.30/- per month. They are also entitled to Rs.600/- per year on account of uniform and safety shoes and such other benefits as envisaged in Ext. 1, the Charter of Demands.
4. As aforesaid, by subsequent award dated 20th February, 2003 date of reckoning for calculation of the benefits was directed to be 3rd May, 1993. Also as aforesaid petitioner moved the tribunal under section 33(C)-2.
5. We find from said order dated 23rd March, 2020, disposing of the misc. case that petitioner had filed computation sheet claiming aggregate Rs. 11,71,06,193.88/-. On our query Mr. Mohanty could not point out mention of computation sheet filed by his client in the misc. case, as reflected in said order. However, we have not been able to find that the tribunal in directing payment as directed in the award, had Page 3 of 4 WP(C) no.8600 of 2021 upheld the computation filed by petitioner. In the circumstances, there is necessity to mould relief on the prayer made by petitioner.
6. Misc. case no.7 of 2017 is restored to the Industrial Tribunal- Cum-Labour Court, Bhubaneswar for computing the benefits, to which the workmen are entitled. Petitioner will produce this order before the tribunal forthwith. Parties are directed to appear in the tribunal for hearing on the computation, on date fixed by us as 28th February, 2023. It is made clear that the management may make their computation and with copy to petitioner, file the same on the date fixed (28th February, 2023). In event computation sheet is not filed by the management, the tribunal may proceed on that day itself, to consider the computation filed by petitioner and dispose of the misc. case on remand. In any event the tribunal is further directed to dispose of the computation issue within 31st March, 2023.
7. The writ petition is disposed of.
(Arindam Sinha) Judge (S. K. Mishra) Judge P.C.Dash Page 4 of 4 WP(C) no.8600 of 2021