- (1.) Civil Appeals Nos. 5525/2000, 5527-5528/2000, 5530-5531/2000, 5529/2000 and 5526/2000 Aggrieved by the impugned orders passed by the High Court accepting the plea of the respondents as regards higher scales of pay and pension, Grid Corporation of Orissa Limited and others are in appeal in these appeals. Necessary facts required for the disposal of these appeals, briefly stated, are the following : Hirakud Dam Project was initially entrusted to the Central Waterways, Irrigation and Navigation Commission. The workmen employed therein were getting the pay scales applicable to the employees in the work-charged establishment of the Central Public Works Department (CPWD). The State Government took over the said project w.e.f. 1-4-1960 with understanding that the work-charged employees recruited prior to 1-4-1960 should be allowed to continue on the same scales of pay and on conditions of service as were applicable to them on 31-3-1960, which is evident from the order of Government of Orissa dated 8th September, 1961. The workmen employed subsequent to 1-4-1960 were paid pay scales applicable to the employees of the work-charged establishments of the State Government. With a view to avoid disparity of pay scales between the workmen employed prior to 1-4-1960 and those who were employed thereafter, the State Government terminated the services of the employees who were working in the work-charged establishments prior to 1-4-1960 and offered them fresh employment in the scale of pay applicable to the employees of the work-charged establishments of the State Government. This gave rise to dispute. Ultimately, the matter came to this Court in Civil Appeal Nos. 348-349 of 1974. The said appeals were allowed on 13-8-1985 by this Court declaring thus "We, therefore, allow this appeal and declare that the workmen working in the work-charged establishments of the Hirakud Project from before 1-4-1960 are entitled to the same scale of pay and other conditions of service as before as if they were employees of the work-charged establishments of the Central Public Works Department." Later, on 20th September, 1989, this Court directed the Labour Court to identify 1200 workmen who were entitled to the benefit of the order of this Court made on August 13, 1995 in "Civil Appeal Nos. 348-349 of 1974". It is not disputed that after the Hirakud Dam Project was taken over by the State Government on 1-4-1960, different workmen employed prior to 1-4-1960 continued to work under different departments, namely Public Health Department, Irrigation Department and the Electrical Department. It is also not in dispute that the workmen working in Electrical Department on the formation of Orissa State Electricity Board were continued in service under the said Board. One such employee of the Board was asked to retire on completion of 58 years of age on attaining superannuation applicable to the other employees of the Board who were appointed after 1-4-1960 by the State Government or the Board as the case may be. He filed a Writ Petition OJC No. 4507 of 1992 questioning the action of the Board asking him to retire at the age of 58 years. The said writ petition was allowed holding that he was entitled to continue till the age of 60 years and he could not be retired at the age of 58 years even though the Board' regulation prescribed the age of superannuation of 58 years because of the statutory protection given to the employees under S. 60 of the Electricity (Supply) Act, 1948 notwithstanding the regulation of the Board requiring an employee to retire at the age of 58 years.
(2.) Admittedly, the scale of pay to the employees of the Board was higher than the scale of pay available to the employees of CPWD. It was also not disputed that the respondents-workmen formerly the employees of the work charged establishment under CPWD prior to 1-4-1960 were allowed the scale of pay of the Board till they attained the age of 58 years; but the dispute was regarding scale of pay to be given to such employees who continued in service beyond 58 years till they attained superannuation at the age of 60 years following the decision of the High Court in the writ petition aforementioned. There is also no dispute that the respondents-workmen are out of the 1200 employees identified by the Labour Court entitled to the benefit of decision of this Court in Civil Appeals Nos. 348-349 of 1974 dated 13-8-1985.
(3.) The High Court having regard to the history of litigation, taking note of the undisputed facts, the order of this Court dated 13-8-1985 passed in Civil Appeal Nos. 348-349 of 1974 and after examining the rival contentions, by the impugned orders rejected the contentions advanced on behalf of the appellants and accepted the case as pleaded by the respondents-workmen.;