SUPERINTENDING ENGINEER Vs. WORKMEN OF MACHKUND HYDRO ELECTRIC PROJECT

JUDGEMENT

(1.) These nine several writ petitions herein, challenging the validity and correctness of certain awards made by the Industrial Tribunal, Orissa arose out of certain industrial disputes between the Management of Machkund Hydro Electric Project and their workmen. In five of these writ petitions a preliminary point was taken, purported to have been taken on behalf of the Andhra Pradesh Government that the Orissa Government, who had made the reference in all these cases as aforesaid was not the "appropriate Government" within the meaning of the Industrial Disputes Act, 1947 (Act XIV of 1947) and accordingly the said reference having been invalid, it was contended that the awards made thereunder were made by the Industrial Tribunal, Orissa without jurisdiction. We propose to deal with the preliminary point first before we come to the merits of each of these petitions which were analogously heard.

(2.) The appropriate Government as defined in Section 2 (a) of the Industrial Disputes Act, 1947 (Act XIV of 1947) means :

(3.) In this context, at this stage, it is necessary to describe the situation of the project. Evidence shows that the Machkund Hydro-Electric Project is spread over the border areas of both the States of Orissa and Andhra Pradesh. Although there is no doubt that the substantial portion of the industry is in Orissa but it cannot be disputed that some portion of the concern is also in Andhra Pradesh. For clarification, the position is as follows : The Project concerns river Machkund which falls down from over a hill and is locally known as Duduma Water Fall. The river as well as the country on either side of the project area originally appertained to the ex-zamindary of the Maharaja of Jeypore, portion of which was in the present Province of Madras when the Orissa State was formed in 1936. In a dispute between the States of Madras and Orissa regarding the question whether this river was within the limits of one State or the other, there was an agreed arbitration and it was decided that the middle line of the river was the boundary between the two States. It was after this decision that a joint scheme agreement was reached in 1945 between the State of Orissa and the then composite State of Madras out of which Andhra Pradesh was carved out subsequently. The Project was to be worked out by both the States, Orissa contributing 30 per cent of the capital and consuming an equal percentage of the power generated and the other Government was to invest the rest 70 per cent of the capital and consume an equal percentage empower. The scheme was started somewhere in 1947 and by August, 1956 the power house functioned to work generating electricity which is being taken by the States of Orissa and Andhra Pradesh which was by then formed. As for the cost of the various works of the Machkund Hydro-Electric Scheme, it appears that as per the latest revised estimate sent for administrative sanction of the Government concerned, out of Rs. 15,38,78 (in lakhs) the approximate value of, works situate on the Orissa side of the Project is Rs. 12.35.38 (in lakhs) and the approximate value of work situate on the Andhra Pradesh side was Rs. 3,03.40 (in lakhs). Thus it appears that 4/5ths of the estimated cost is for works situated in Orissa and only l/5th of the entire estimated cost is-for certain establishments on the side of Andhra: Pradesh. The project consists of the Power House, Wynch House and offices at Onakadeli in Orissa; the Diversion Dam, Machkund Offices, the Jalput Dam, the Soil Conservation Works. The Power House is just at the bed of the river above 1,000 feet below from the Ghat Road and 800 to 850 workers are employed there, besides about 150 mechanical and electrical workmen. This entire work is within the geographical limits of Orissa State. The Diversion Dam is on the river between Onakadeli and Machkund where there is a Labour Colony and some offices. This Dam is across the river and as such it is situated in Orissa as well as in the Andhra Pradesh. The Offices, however, are situated entirely in Orissa area. In Machkund (Orissa) there is the office and establishment of the Superintending Engineer who directly controls the whole Project and is employed by the Andhra State to which he is subordinate. At Machkund there are also other connected offices, work-shop and garage --all situated in Orissa Area. About 350 mechanical and electrical workmen besides 155 ordinary workers are engaged both at Machkund and at the Diversion Dam. In Jalaput Dam a huge masonry Dam about two furlongs long is in the process of construction across the river and a reservoir covering about 26 sq. miles is to be formed. At present 5000 workmen of various classes are employed here besides 150 mechanical and electrical persons. There are Labour Colonies on either side of the river but the workshop, garage, Inspection Bungalow, Hospital and Offices are on the Orissa side. The Soil Conservation Works at Araku is within Andhra State and it is said that the work is carried on in both the Andhra as well as in Orissa State. That apart, there is the Pilot Scheme in this valley which is within the Andhra State and is aided by the finance of the Central Government. It is noticed that there are no mechanical or electrical workers at Araku, but 250 other workers. are there for the main scheme as well as the Pilot Scheme, the latter, however having nothing to do with the Hydro-Electric Project. In all there are 620 technical workers, 6000 other workers working under the Project. This, in short, is the set up of the Industrial project with which we are concerned.