NATIONAL ALUMINIUM CO. LTD. Vs. ANANTA KISHORE ROUT
LAWS(SC)-2014-5-17
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on
May 08,2014
National Aluminium Co. Ltd.
Appellant
VERSUS
Ananta Kishore Rout
Respondents
Referred Judgements :-
A K BINDAL VS. UNION OF INDIA [REFERRED TO]S C CHANDRA VS. STATE OF JHARKHAND [REFERRED TO]
STATE OF WEST BENGAL VS. WEST BENGAL REGN COPY WRITERS ASSN [REFERRED TO]
NIHAL SINGH VS. STATE OF PUNJAB [REFERRED TO]
Cited Judgements :-
RAJESH PANT VS. TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL [LAWS(DLH)-2022-7-146] [REFERRED TO]DELHI JAL BOARD VS. ITS WORKMEN [LAWS(DLH)-2017-11-8] [REFERRED TO]
EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHARAT COKING COAL LIMITED VS. THEIR WORKMEN BEING REPRESENTED BY SRI N.G. ARUN, [LAWS(JHAR)-2020-12-67] [REFERRED TO]
T. VISHNU VS. SOUTH EASTERN COALFIELDS LIMITED [LAWS(CHH)-2024-5-5] [REFERRED TO]
SRUTIKANTA BARIK AND ORS. VS. MANAGING COMMITTEE OF SARASWATI VIDYA MANDIR AND ORS. [LAWS(ORI)-2015-5-50] [REFERRED TO]
BHARAT PETROLEUM CORPORATION LIMITED VS. THE GENERAL SECRETARY, COCHIN REFINERIES EMPLOYEES CONSUMER CO [LAWS(KER)-2017-8-254] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. AMAR CHAND THAKUR [LAWS(HPH)-2016-11-39] [REFERRED TO]
STATE OF MAHARASHTRA AND OTHERS VS. SHRIRAM SONBA BHARNE AND ANOTHER [LAWS(BOM)-2017-9-349] [REFERRED TO]
MANOJ KUMAR SENGAR VS. STATE OF U.P. [LAWS(ALL)-2019-10-19] [REFERRED TO]
THE GENERAL MANAGER, BHARAT HEAVY ELECTRICALS LTD. VS. CANTEEN WORKERS OF BHEL AND ORS. [LAWS(MAD)-2015-2-30] [REFERRED TO]
MANAGEMENT OF M/S MOTORS LIMITED (TATA ENGINEERING & LOCOMOTIVE COMPANY LTD ) NOW TATA MOTORS LTD VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-6-14] [REFERRED TO]
STATE OF MADHYA PRADESH, THROUGH SECRETARY DEPARTMENT OF JAIL/HOME VS. RAJESH KUMAR SHUKLA [LAWS(MPH)-2017-10-230] [REFERRED TO]
NISHANT CHAWLA VS. TELECOM DISPUTES SETTLEMENT [LAWS(DLH)-2022-7-199] [REFERRED TO]
SIMPLEX CASTINGS LIMITED VS. PRAGATISHEEL ENGINEERING SHRAMIK SANGH [LAWS(CHH)-2016-5-17] [REFERRED TO]
BEEKAY ENGINEERING CORPORATION VS. PRAGATISHEEL ENGINEERING SHRAMIK SANGH [LAWS(CHH)-2016-5-8] [REFERRED TO]
BHILAI WIRES LTD , INDUSTRIAL AREA, BHILAI VS. MEMBER JUDGE, STATE INDUSTRIAL COURT, RAIPUR (M P ) AND ANR [LAWS(CHH)-2016-5-30] [REFERRED]
GUJARAT BIJLEE KAMDAR MAHA MANDAL VS. GUJARAT URJA VIKAS NIGAM LTD. AND OTHERS [LAWS(GJH)-2017-4-486] [REFERRED TO]
SOUTH EASTERN COALFIELDS LTD. AND ORS. VS. VISHNU PRASAD MISHRA AND ORS. [LAWS(MPH)-2015-8-1] [REFERRED TO]
BALWANT RAI SALUJA VS. AIR INDIA LTD [LAWS(SC)-2014-8-51] [REFERRED TO]
MANAGING DIRECTOR STATE BANK OF SAURASHTRA VS. BHAVNAGAR JILLA MAZDOOR SANGH C/O. MANIBHAI GANDHI AND 2 [LAWS(GJH)-2017-4-469] [REFERRED TO]
JUNAID AMIN WANI AND OTHERS VS. STATE OF J&K AND OTHERS [LAWS(J&K)-2018-7-75] [REFERRED TO]
BOARD OF TRUSTEES FOR SHYAMA PRASAD MUKHERJEE PORT VS. UNION OF INDIA [LAWS(CAL)-2023-3-63] [REFERRED TO]
GOVERNMENT OF NCT OF DELHI AND OTHERS VS. KAMAL KANT SHARMA AND OTHERS [LAWS(DLH)-2017-3-354] [REFERRED TO]
SIMPLEX ENGINEERING & FOUNDRY WORKS LTD , MADHYA PRADESH (NOW CHHATTISGARH) VS. PRAGATISHEEL ENGINEERING SHRAMIK SANGH, BHILAI, M P (NOW C G ) AND OTHERS [LAWS(CHH)-2016-5-31] [REFERRED]
PRESIDENT, PARENT TEACHER ASSOCIATION AND ORS. VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2015-7-19] [REFERRED TO]
VIPULBHAI HARJIVANBHAI PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2017-6-173] [REFERRED TO]
GABRUBHAI REVABHAI VS. BOTAD NAGAR PALIKA [LAWS(GJH)-2021-8-79] [REFERRED TO]
HIRA NAND VS. UNION OF INDIA AND OTHERS [LAWS(DLH)-2017-9-229] [REFERRED TO]
INDIAN EXPRESS LIMITED VS. P P KOTHARI [LAWS(BOM)-2015-6-253] [REFERRED TO]
BOARD OF TRUSTEES FOR SYAMA PRASAD MOOKHERJEE PORT VS. UNION OF INDIA [LAWS(CAL)-2023-10-25] [REFERRED TO]
STATE OF PUNJAB & ORS. VS. JAGJIT SINGH & ORS. [LAWS(SC)-2016-10-49] [REFERRED TO]
JUDGEMENT
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(1.)The Appellant herein, National Aluminium Company Limited (NALCO) has established two schools for the benefit of the wards of its- employees. These schools are known as Saraswati Vidaya Mandir (SVM) and located at NALCO Nagar in Angul district and at Damandjodi in Koraput district, Orissa. Management of these schools is presently in the hand of Saraswati Vidya Mandir (SVS) which is affiliated to Vidya Bharati Akhila Bharatiya Sikhya Sansthan.
(2.)Two Writ Petitions were filed by the employees of each of school in the Orissa High Court, Cuttack for a declaration that they are the employees of NALCO and be treated as such, with consequential prayer that these employees be also accorded suitable pay scales as admissible to the employees of NALCO. Having regard to the commonality of fact, situation under which these writ petitions were filed, as well as singularity of the issue involved, both these writ petitions were heard together by the High Court, the outcome of which is the judgment dated 21st December, 2006. The High Court has accepted the case of these employees of SVM holding them to be the employees of the NALCO. As a sequittor, direction is issued to the NALCO to make available the benefits, which are enjoyed by other employees of the NALCO. Present appeals, filed by NALCO, question the validity of the aforesaid judgment of the High Court.
(3.)We may first take note of those facts which are not in dispute. These are as follows:
NALCO is a Public Sector Enterprise under the Government of India. It is Company incorporated under the Indian Companies Act, 1956 with its registered office at Bhubaneswar, Orissa. NALCO is engaged in manufacture and production of Alumina and Aluminium. It has its manufacturing units: one at NALCO Nagar, Angul and at Damanjodi in Koraput district.
(2.)Two Writ Petitions were filed by the employees of each of school in the Orissa High Court, Cuttack for a declaration that they are the employees of NALCO and be treated as such, with consequential prayer that these employees be also accorded suitable pay scales as admissible to the employees of NALCO. Having regard to the commonality of fact, situation under which these writ petitions were filed, as well as singularity of the issue involved, both these writ petitions were heard together by the High Court, the outcome of which is the judgment dated 21st December, 2006. The High Court has accepted the case of these employees of SVM holding them to be the employees of the NALCO. As a sequittor, direction is issued to the NALCO to make available the benefits, which are enjoyed by other employees of the NALCO. Present appeals, filed by NALCO, question the validity of the aforesaid judgment of the High Court.
(3.)We may first take note of those facts which are not in dispute. These are as follows:
NALCO is a Public Sector Enterprise under the Government of India. It is Company incorporated under the Indian Companies Act, 1956 with its registered office at Bhubaneswar, Orissa. NALCO is engaged in manufacture and production of Alumina and Aluminium. It has its manufacturing units: one at NALCO Nagar, Angul and at Damanjodi in Koraput district.
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