Arun Ku.Nayak Vs C.E.O.,Cesu — Orissa HC (2024) — LawSathi Research

Arun Ku.Nayak Vs C.E.O.,Cesu — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the Petitioners to approach the Authority with a fresh representation for being allowed to continue in the establishment of TPCODL; the Authority to dispose of such representation sympathetically, considering the perennial nature of the job performed by them. No order of absorption was granted.

Issue for consideration

Whether the Petitioners, admittedly engaged on contractual basis through an outsourcing agency under the Nayagarh Electrical Division of CESU for more than seven years, are entitled to be absorbed as employees of the establishment of CESU considering their length of service and the job requirement. +1 more

Court's answer

Considering the plight of the Petitioners and the perennial nature of the job they were performing, the Petitioners are directed to approach the Authority with a fresh representation for allowing them to continue in the establishment of TPCODL (which replaced CESU) as per law.

Ratio / Principle

If such representation is filed by the Petitioners, the Authority shall dispose of the same sympathetically and try to allow them to continue, considering the perennial nature of the job performed by them.

Detailed headnote1 paragraphs

Contract Labour — Absorption — Outsourced workers engaged through an outsourcing agency under the Nayagarh Electrical Division of CESU for more than seven years, performing works of a permanent/perennial nature (helper/maintenance of LT Line, substation, revenue collection, de-hooking and meter installation), sought a writ of mandamus for absorption as regular employees and appropriate action under Section 10 of the Contract Labour (Abolition and Regulation) Act. During pendency, CESU stood replaced by TPCODL as the operating entity. Held (Dr. S.K. Panigrahi, J., 09.07.2024): disposing of the Writ Petition, the Court directed the Petitioners to approach the Authority with a fresh representation for allowing them to continue in the establishment of TPCODL as per law; if filed, the Authority shall dispose of the representation sympathetically and try to allow them to continue, considering the perennial nature of the job performed by them. No absorption was ordered by the Court.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 4969 of 2013

Arun Kumar Nayak & Ors. ..…... Petitioners

Mr. R.R. Ray, Adv.

-versus-

CEO, CESU & Ors.

.…...... Opposite Parties Mr. B.K. Dash, Adv.

CORAM:

DR. JUSTICE S.K. PANIGRAHI

ORDER

09.07.2024

Order No.

This matter is taken up through hybrid arrangement.

Heard learned counsel for the parties.

The present Writ Petition has been filed by the Petitioners with the following prayer:

“In the above facts and circumstances these petitioners therefore humbly pray that your lordships may graciously be pleased to admit the case and after hearing the parties issue a writ of MANDAMUS commanding to the Opposite Parties to absorb the petitioners as regular employees by the Opposite Parties on such terms as they may determine and to take appropriate action under Section 10 of the Contract Labour (Abolition and Regulation) Act within a specific time limit.

And may pass any other appropriate ORDER(S) as this Hon’ble Court deems fit and proper in the interest of justice, equity and fair play.”

Signature Not Verified

Digitally Signed Signed by: LITARAM MURMUDesignation: Personal Assistant 4. Learned counsel for the Petitioners submits that the Reason: Authentication Location: High Court of Orissa Cuttack Date: 12-Jul-2024 19:33:26

Petitioners are the employees of erstwhile CESU for more than

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seven years. Admittedly, they were engaged on contractual basis through an outsourcing agency under the Nayagarh Electrical Division of CESU. The Petitioners are seeking direction from this Court to the Opposite Parties to absorb them as an employee of the establishment of CESU considering their length of service and also job requirement by the CESU.

Learned counsel for the Petitioners further submits that since the CESU is the principal employer and the Petitioners are absorbed through job contractor, the Petitioners have been doing multiple works like helper/maintenance of LT Line, substation/Revenue Collection, De-hooking and meter installation etc. The work performed by them is permanent in nature and their job requirement is perennial in nature.

Learned counsel for the Petitioner further contends that in the meantime, the CESU has been replaced by TPCODL which is the new entity operating in place of CESU.

Considering the plight of the Petitioners and the perennial nature of job they were performing, the Petitioners are directed to approach the Authority with a fresh representation for allowing them to continue in the establishment of TPCODL as

Signature Not Verifiedper law. If such representation is filed by the Petitioners, the

Digitally Signed Signed by: LITARAM MURMUDesignation: Personal Assistant Authority shall dispose of the same sympathetically and try to Reason: Authentication Location: High Court of Orissa Cuttack Date: 12-Jul-2024 19:33:26

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allow them to continue, considering the perennial nature of job performed by them.

Accordingly, this Writ Petition is disposed of.

( Dr. S.K. Panigrahi)

Judge

Murmu

Signature Not Verified

Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 12-Jul-2024 19:33:26