Writ Appeal No.268 of 2011. Case: State of Orissa represented through its Commissioner-cum-Secretary to Government Vs Orissa Khadi and Village Industries Board Karmachari Sangha, represented through its Secretary and Another. High Court of Orissa (India)

Case NumberWrit Appeal No.268 of 2011
CounselMr. R.K.Mohapatra,Govt. Adv. M/s. M.R.Das & Mr. P.P.Mohanty M/s.S.B.Jena & Mr.S.Das Mr.S.S.Mohapatra
JudgesV. Gopala Gowda, CJ & B.K.Mishra, J.
IssueOdisha Khadi and Village Industries Board Act, 1955; Odisha Khadi and Village Industries Board Rules, 1956; Odisha Khadi and Village Industries Board Regulation, 1960
Judgement DateDecember 20, 2012
CourtHigh Court of Orissa (India)

Judgment:

B.K.Mishra, J.

  1. The State in this writ appeal assails the order of the learned Single Judge dated 25.10.2010 in W.P. (C) No.8438 of 2010, wherein the learned Single Judge while quashing Annexure-12 directed the State Government to amend the Orissa Khadi and Village Industries Board Regulation, 1960 in extending pensionary benefits to its employees and to complete the entire process within a period of three months from the date of communication of the said order.

  2. The Orissa Khadi and Village Industries Board Karmachari Sangha represented through its Secretary as petitioner had approached this Court by way of filing a writ petition which was registered as W.P.(C) No.8438 of 2010 for quashing the decision of the Government at (Annexure-17) expressing its inability in implementing the pension scheme for the Orissa Khadi and Village Industries Board employees which was communicated to the petitioner by the Additional Secretary to the Government in Industries Department in his letter no.18583 dated 14.12.2009. Further, the petitioner has prayed for directing the Opposite Party No.1 to make regulation under Section 36(2) of the Odisha Khadi and Village Industries Board Act, 1955 (Odisha Act 3 of 1956) in introducing the pension scheme as per the Resolution of the aforesaid Board dated 10.2.2009.

  3. Bereft of unnecessary details in brief the case of the present respondent who was the petitioner in W.P.(C) No.8438 of 2010 is that the Orissa Khadi and Village Industries Board (hereinafter referred to as "the Board", in short) was established in the year,1956 by the Orissa Act 3 of 1956 with the aim and object to organize, promote, develop and regulate the Khadi and Village Industries throughout the State of Odisha basing upon the Gandhian thought and philosophy to make the people self-reliant and to eradicate poverty with the further object of improving the socio-economic status of the people who lived in rural areas. The said Board has its own Act i.e. the Odisha Khadi and Village Industries Board Act, 1955 ( in short, "Act, 1955") as well as the Odisha Khadi and Village Industries Board Rules, 1956 ( in short, "Rules, 1956")and Odisha Khadi and Village Industries Board Regulation, 1960 ( in short, "Regulation, 1960"). It is alleged that the State Government has direct control over all the affairs and entire activities of the Board. The Regulation 40 of the Regulation, 1960 provides that the Rules of Orissa Service Code, Volume-1 with all its Appendices, except Appendice 1 to 4 and 8 to 12, as amended from time to time by the Government, would apply to the employees of the Board. The administrative and financial matters of the Board are controlled by the Industries Department of the State Government. It is the further case of the petitioner that though the Industries Department moved for amendment of Regulation-52 of the Regulation, 1960 for incorporating the provision with regard to extending the pensionary benefits to its employees and despite recommendations, the Government for no valid reason and without considering the grievance of the employees did not effect any amendment to the Regulation as stated above and ultimately rejected the same on the ground of financial crunch. For providing pension to the employees of the Board, a writ petition had been filed by the petitioner in the year 1998, which was registered as O.J.C. No.15344 of 1998 and the same was disposed of with a direction to the Director, Industries Department, Government of Odisha to consider...

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