Indian Kanoon - Search engine for Indian Law

8.2. On the aforesaid factual aspects, contentions before the learned Single Judge raised by the respondent-writ petitioner were inter alia as follows:

a) that as she was engaged prior to 12.04.1993, i.e., the cut-off date fixed in the Resolution dated 15.05.1997 of the Finance Department floating "Scheme for absorption of NMR/DLR/Job-Contract workers under Regular Establishment" and the Superintending Engineer, vide Letter dated 30.09.2010, intimated the Engineer-in-Chief that the NMRs who were juniors to the her were continuing in service, the respondent-writ petitioner was entitled to be brought over to the work-charged establishment and, thereby she was required to be allowed to continue in service.

10.11. With the understanding of the word "ordinarily" as discussed above and taking into account the construction of words used in the statute, the contention of the learned Additional Government Advocate does not receive acceptance of this Court inasmuch as no reason has been ascribed as to why the employer-appellants wish to by-pass the terms of the "Scheme for absorption of NMR/DLR/Job Contract workers under Regular Establishment" vide Resolution dated 15.05.1997 of the Finance Department.

10.12. Relevant portion of said Resolution dated 15.05.1997 is quoted hereunder for guidance:

"Finance Department Resolution Bhubaneswar, dated 15th May, 1997 Sub.: Scheme for absorption of NMR/DLR/Job Contract workers under Regular Establishment It has been brought to the notice of Finance Department by the different Departments of Government that directives from Hon'ble Supreme Court, High Court and Odisha Administrative Tribunal have been received for preparation of scheme to absorb the above categories of workers under regular establishment.

2. The workers should have been engaged prior to 12.04.1993, i.e., prior to promulgation of ban on engagement of NMR/DLR/Job Contract Worker, etc. vide Finance Department Circular No.WF-II- 180/92-- 17815/F, dated 12.04.1993.

***

8. While filling up the regular vacant posts preference shall be given to work-charged employees first. Where no suitable work-charged employees are available to man the post preference shall be given in the following order, i.e., NMR, DLR, Job Contract Workers, etc. *** By Order of the Governor P.K. Mishra Principal Secretary to Government"