- (1.) The petitioners, who are the DLR Workmen, working under the Bhubaneswar Development Authority (BDA), have filed this application seeking for a direction to regularize their services as per the award passed by the Presiding Officer, Labour Court in ID Case No. 74 of 2003, which was confirmed by this Court in W.P. (C) No. 5319 of 2005, disposed of on 11.01.2010 and upheld by the Supreme Court in Civil Appeal No. 20736 of 2010 dated 06.08.2010 and further seeking to quash the office order dated 30.04.2011 vide Annexure-11 denying regularization due to lack of educational qualification/technical qualification.
(2.) The fact of the case in nutshell is that the Bhubaneswar Development Authority, in short, 'BDA' v/as established in the year 1981 under the provisions of Orissa Development Authorities Act, 1982 and to carry out its functions, it engaged the petitioners as DLR-workmen in Class-Ill and Class-IV posts. After rendering uninterrupted service for five years since the petitioners' services were not regularized, they raised Industrial dispute. Consequently, the Government of Orissa referred the dispute under Sections 10 and 12 of the Industrial Dispute Act to the Industrial Tribunal for adjudication with regard to regularization of service in ID Case No. 2 of 1988 on 23.01.1988. The Industrial Tribunal vide order dated 21.11.1990 in Annexure-4 passed an award in ID Case No. 2 of 1988 directing the BDA to regularize the services of the DLR employees, who have been working for more than one year and grant all consequential benefits admissible to the posts.
(3.) The Government of Odisha notified the award dated 21.11.1990 passed in ID Case No. 2 of 1988 on 03.12.1990 in official gazette. In consonance with the said award the opposite party-Management requested the employees' union for amicable settlement and it was agreed upon on 29.04.1991, vide Annexure-1 that the employees, who have rendered five years of service, their services would be regularized. Till the year 1993-1994 the opposite party-Management regularized the service of 290 NMR/DLR employees and thereafter the process of regularization was stopped. In 50th Board meeting of BDA, it was decided that the cases of DLR/NMRs who have completed five years of service, would be considered for regularization, vide Annexure-2. Consequently, settlement was arrived at between the employee's union and the opposite party-Management with regard to regularization of the services on 21.12.1993 vide Annexure-3. Pursuant to Annexure-3, as the services of the 113 DLR employees including the present petitioners were not considered as per the award in ID Case No. 2 of 1988 and the decision of 50th and 83rd Board meeting, the employees' Union raised the demand for regularization and considering the same, the State Government in exercise of power conferred under Sub-section (5) of Section 12 read with Sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 referred the matter in dispute to this Court in Labour and Employment Department Memo No. 12075 (5)/L. dt. 17.12.2003 for adjudication and award. The term of reference read as under: "Where the action of the management of Bhubaneswar Development Authority, Bhubaneswar in not regularizing the services of 113 numbers of N.M.R./D.L.R./Adhoc workmen is legal and or justified. If not what relief they are entitled." The reference was registered by the Labour Court as I.D. Case No. 74 of 2003.;