The Odisha

G a z e t t e

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1095 CUTTACK, WEDNESDAY, APRIL 30, 2025/BAISAKHA 10, 1947

LABOUR & E.S.I. DEPARTMENT

NOTIFICATION

The 23rd April 2025

S.R.O. No. 282/2025—In pursuance of Section 17 of the Industrial Disputes Act, 1947

(14 of 1947), the Award, dated the 3rd April 2025 passed in the I.D. Case No. 03 of 2023 by the

Presiding Officer, Industrial Tribunal, Bhubaneswar to whom the industrial dispute between the

Management of Odisha Hydro Power Corporation Limited, Bhubaneswar and its workmen

represented through six unions, namely (1) Rengali Power Project Workers Union, Rengali Damsite,

Rengali, Angul-759105, (2) OSEB Employees Union, Balimela, Malkangiri - 764051, (3) Hira Jala

Bidyut Utpadan Karmachari Sangha, Burla, Sambalpur - 768017, (4) OHPC Employees Association,

Chiplima, Sambalpur, (5) Indravati Power Project Workers Union, Mukhiguda, Kalahandi, (6) OSEB

Shramik Mahasangha, 302(B), Behera Sahi, Nayapalli, Bhubaneswar, Dist. Khurda was referred

for adjudication is hereby published in the schedule below :—

SCHEDULE

BEFORE THE INDUSTRIAL TRIBUNAL, BHUBANESWAR

INDUSTRIAL DISPUTE CASE NO. 03 of 2023

Dated the 3rd April 2025

Present :

Shri Benudhar Patra, LL.M.,

Presiding Officer,

Industrial Tribunal,

Bhubaneswar.

Between :

The Management of

. .

First Party—Management

Odisha Hydro Power Corporation Limited,

Bhubaneswar

AND

Its workmen, represented through

. .

Second Party—Workmen

six unions, namely,

(1) Rengali Power Project Workers Union,

Rengali Damsite, Rengali, Angul-759105.

(2) OSEB Employees Union, Balimela,

Malkangiri - 764051.

(3) Hira Jala Bidyut Utpadan Karmachari

Sangha, Burla, Sambalpur - 768017.

(4) OHPC Employees Association,

Chiplima, Sambalpur.

(5) lndravati Power Project Workers Union,

Mukhiguda, Kalahandi.

(6) OSEB Shramik Mahasangha,

302(B), Behera Sahi, Nayapalli,

Bhubaneswar, Dist. Khurda.

Appearances :

Shri Debasis Behera, A/R

. .

For the First Party—Management

Shri Jagannath Moharana, A/R

. .

For the Second Party—Workmen

AWARD

The Government of Odisha in the Labour & E.S.I. Department in exercise of powers

conferred upon it by sub-section (5) of Section 12 read with Clause (d) of sub-section (1) of

Section 10 of the Industrial Disputes Act, 1947 (for short ‘the Act’) have referred the following

schedule of dispute for adjudication by this Tribunal vide Order No. LESI-IR-ID-0067/2022/1515/

LESI, dated the 8th February 2023 :—

SCHEDULE

“Whether the workmen/non-executive employees of different units of OHPC Ltd. are

entitled to the benefits of Remote Area Allowance, Special Allowance, Hydro Allowance

and Shift Allowance w.e.f. the 21st April 2018 as against the effective date i.e. the 25th

June 2021 ? If so, what should be the direction ?”

“Whether the workmen of OHPC Ltd. are entitled to revision of wages and allowances

w.e.f. the 1st April 2020 on expiry of long-term wage settlement on the 31st March

2020 ? If so, what should be the details of wage structure ?”

2. In this proceeding, the parties to the dispute in course of hearing came up with a prayer

to settle the dispute on the 24th March 2025 and accordingly moved a Memorandum of Settlement

drawn up in Form-K and submitted that the disputes between them having been settled amicably

out of the Court, an Award may be passed in terms of the said settlement.

3. The terms embodied in the settlement were read-over and explained to both the authorised

representatives of the parties and they admitted the same to be true and correct. They submitted

that the parties to the dispute have arrived at the settlement out of their own volition and without

there being any coerce from any corner. The settlement being genuine was recorded and an

Award is passed in terms of the settlement, which do form part of the Award.

Dictated and corrected by me.

BENUDHAR PATRA

03-04-2025

Presiding Officer

Industrial Tribunal

Bhubaneswar.

[No. 3921—LESI-IR-ID-0067/2022-LESI.]

By order of the Governor

MADHUMITA NAYAK

Special Secretary to Government

FORM-“K”

(See Rule 64 of Orissa I. D. Rules)

Memorandum of Settlement arrived at between the Management of OHPC Ltd. and the

representatives of OSEB Shramik Mahasangha (Previously OHPC Employees Union

Co-ordination Committee) in the matter of Revision of Allowances of

OHPC Non-executive employees w.e.f. 25-06-2021

Representatives of the Management

Representatives of Workmen

(1)

(2)

Anima Tripathy,

Ramesh Chandra Satapathy,

Director (HR) I/c.

President, OSEB Shramik Mahasangha.

Ashish Ku. Mohanty,

Jagannath Moharana,

Director (Operation).

General Secretary, OSEB Shramik Mahasangha.

Pranab Ku. Mohanty,

Sribachha Biswal,

Director (Finance).

Working President, OSEB Shramik Mahasangha.

Basudeb Sahoo,

Tikan Bilash, Vice-President,

SGM (HR).

OSEB Shramik Mahasangha.

Manoj Ku. Mohanty,

Biresh Chandra Pati, General Secretary,

DGM (HR).

Rengali Power Project Workers Union, Rengali.

Kamlesh Swain,

Anadi Ch. Garnayak, Vice-President,

DGM (HR).

Rengali Power Project Workers Union, Rengali.

Debasis Behera,

Jogendra Swain, Treasurer,

AGM (HR).

Rengali Power Project Workers Union, Rengali.

Snehasis Pattanaik,

Rangila Ray, Vice-President,

DM (HR).

OHPC Employees Association, Chiplima.

Sibasankar Tiwary, General Secretary,

OHPC Employees Association, Chiplima.

10.

Kanduri Ch. Prusty, Divisional Secretary,

OHPC Employees Association, Chiplima.

11.

Sujit Kumar Patra, President,

OSEB Employees Union, Balimela.

12.

Padmalochan Dandsena, General Secretary,

OSEB Employees Union, Balimela.

13.

Anil Ku. Pattnaik, Vice-President,

OSEB Employees Union, Balimela.

(1)

(2)

14.

Manoj Ku. Padhi, President,

Indravati Power Project Workers Union.

15.

Jagdish Ketaki, Vice-President,

Indravati Power Project Workers Union.

16.

Kamla Lochan Tripathy, General Secretary,

Hira Jal Bidyut Utpadan Karmachari Sangha.

17.

E Kamraju, Vice-President,

Hira Jal Bidyut Utpadan Karmachari Sangha.

Made part of the Award

BENUDHAR PATRA

Presiding Officer

Industrial Tribunal

Bhubaneswar.

SHORT RECITAL OF THE CASE

The last Bipartite Wage Settlement dated the 20th September 2018 was signed with Federal

Bodies & Unions/ Associations representing non-executive employees of OHPC for the period

from the 1st April 2015 to the 31st March 2020 and the same is continuing as such. Both the

parties mutually consented to send the settlement to the Conciliation Officer-cum-JLC, Govt. of

Odisha, Bhubaneswar for registration.

It was agreed by and between the parties that the revision of wage structure shall henceforth

be the Pay Matrix in replacement of the Pay Bands and GPs w.e.f the 1st April 2015 for a period of

05 (five) years i.e. from the 1st April 2015 to 31st March 2020 in line with the Odisha Revised Scale

of Pay Rules, 2017. Accordingly, the Wage Revision benefit was extended to the non-executive

employees who were on roll as on the 1st April 2015 as per the fitment principle enunciated therein

with sanction of further annual increments as per the OHPC non-executive Pay Matrix. Further, it

was agreed to replace the RACPS with MACPS in line with Govt. and to extend the benefit of

Dearness Allowances in the same principle as adopted by the Govt. of Odisha for such employees

from time to time.

It was agreed by and between the parties that the House Rent Allowance, Medical Allowance

shall be paid at the existing rate in the revised Basic Pay w.e.f the 21st April 2018. The Conveyance

Allowance shall be paid @ Rs. 800 (Rupees eight hundred) only per month. But no arrears pertaining

to the period prior to the 21st April 2018 shall accrue to the employees in the revised Basic Pay.

As per the terms of settlement, it was agreed by and between both the parties that the rate

of other allowances shall be discussed & finalised at the earliest and any change/enhancement in

the allowance structure as demanded by the unions shall be mutually discussed & settled separately.

Subsequently, pursuant to the decision taken by the Board of Directors and approval of

Government in Energy Deptt. vide Order No. 4122, dated the 5th July 2021, No. 4132, dated the 5th

July 2021, No. 4137, dated the 5th July 2021 and No. 4169, dated the 5th July 2021, the OHPC

Management revised the rate of allowance with higher ceiling limit for payment of Remote Area

Allowances, Special Allowances, Hydro Allowances & Shift Allowances effective from the 25th

June 2021, since all allowances are always implemented with prospective effect & the revised

allowances are more beneficial to the employees in comparison to the pre-revised allowances.

After implementation of the above order on revision of allowances, Chairman of the then

OHPC Employees Unions Co-ordination Committee (Now OSEB Shramik Mahasangha) submitted

7(seven) points charter of demands vide Letter No. 131, dated the 28th July 2021 with a notice to

go on strike on the 17th August 2021 demanding to extend the revised allowance structure

retrospectively w.e.f. the 21st April 2018 keeping the rate of allowances intact. Mahasangha stated

that the decision of the management regarding revision of Remote Area Allowances, Special

Allowances, Hydro Allowances & Shift Allowances w.e.f. the 25th June 2021 was against the interest

of the workers of OHPC and extension of House Rent Allowance benefit to the Officers at Corporate

Office w.e.f. the 21st April 2018 was creating discrimination among the Officer and Workers.

The said Mahsangha was intimated that wage revision is meant for pay revision only and

effective from the due date. But allowances are always revised and effective prospectively. Further,

in earlier wage revisions allowances were revised and paid prospectively, hence the demand of

the Unions to implement the same w.e.f. the 21st April 2018 were not justified. Moreover, in other

Power Utilities, allowances were yet to be revised which were always revised/ effective prospectively.

It was also requested to the Mahasangha to co-operate with the management and refrain from

going on the proposed strike on the 17th August 2021 to maintain industrial peace and harmony in

the greater interest of State. The management intimated that there is no discrimination as in both

HRA and Special Allowances, the non-executive employees are paid more than the Executives.

Thereafter being aggrieved by the decision of the management, the said Mahasangha

raised a dispute before the Labour Commissioner, Odisha, Bhubaneswar. In the meanwhile they

filed a writ petition before the Hon’ble High Court of Orissa in WP (C) No. 27951/2021 i.e. between

OSEB Shramik Mahasangha Vrs. State of Odisha and others with regard to non-initiation of

conciliation proceeding on the charter of demand submitted by the OSEB Shramik Mahasangha.

The Hon’ble High Court of Orissa while disposing of the writ petition directed Labour Commissioner,

Odisha to issue a conciliation notice to the CMD,OHPC before the 4th October 2021 vide Order

No. 1, dated the 14th September 2021 and to settle the matter within a further period of one month.

Accordingly, the Conciliation Officer-cum-Additional Labour Commissioner, Odisha invited the

Management as well as the Mahasangha to hold conciliation proceedings on the 18th October

2021 in the office of the Labour Commissioner, Odisha under the Section 12 of the Industrial

Disputes Act, 1947 for the purpose of investigating the dispute raised by the Mahasangha in their

7(seven) points charter of demands and for promoting a settlement thereof.

After conciliation meetings on the 18th October 2021, the 26th October 2021 and finally on

the 17th November 2021 held on the office of the Labour Commissioner, Odisha, Bhubaneswar,

though the reperesentatives of management and the said Mahasangha filed their written submission

before the Conciliation Officer-cum-ALC, Odisha but both the parties did not come forward for any

amicable settlement. After recording the contentions of both the parties, since no settlement could

be reached between the management and the Mahasangha during conciliation proceedings, the

Conciliation Officer-cum-ALC, Odisha submitted the conciliation failure report vide their Letter

No. 814 (7), dated the 11th February 2022 as required under the Section 12(4) of the Industrial

Disputes Act,1947 to the Govt. for further necessary action.

On consideration of the report of the Conciliation Officer-cum-ALC, Odisha, the State Govt.

referred the Industrial Dispute to the Presiding Officer, Industrial Tribunal, BBSR for adjudication

vide Order No. 1515, dated the 8th February 2023 of Labour & E.S.I. Deptt., Govt. of Odisha.

As per direction of the L’d Tribunal, both the parties served their written statements along

with list of witnesses and documents relied upon on the other side under intimation to the L’d

Tribunal. During pendency of the said Industrial Dispute before the L’d Tribunal, during a joint

discussion between the Management & Mahasangha held on the 18th December 2024, the

representatives of the Mahasangha requested the management to reconsider the effective date of

the revision of Remote Area Allowance, Special Allowance & Shift Allowance, allowances as the

21st April 2018 and proposed to extend the benefit with the pre-revised rate and with the existing

ceiling limit so as to amicably settle the present dispute on revision of allowances in ID case

No. 03/2023 outside the Tribunal. Management appreciated the intent of the Mahasangha to withdraw

the ID case and it was intimated that such benefit w.e.f. the 21st April 2018 is not possible on the

part of the management since as per the decision taken by the BoDs in their 163rd meeting held

on the 25th June 2021, the revision of those allowances for OHPC employees was effective from

the 25th June 2021.

During discussion, finally it was agreed between both the parties i.e. OHPC Management

and OSEB Shramik Mahasangha that the proposal to extend the benefit of payment of Remote

Area Allowance, Special Allowance & Shift Allowance in the pre-existing rate with the revised ceiling

retrospectively w.e.f. the 25th June 2021 shall be placed before the OHPC Board through HRC for

taking a final decision in this regard. Further, the Functional Directors reiterated that the OHPC

Management is always committed to strengthen the process of continuous dialogue and

communication with the federal bodies and their constituent unions and expressed confidence

that resolution of the issue may contribute meaningfully to resolve all the pending disputes.

Management moved the proposal as per the discussion held on the 18th December 2024

with the Mahasangha to the Board through Committee of Board & HRC. On recommendation of

the Committee of Directors and HR committee, the OHPC Board in their 181st meeting held on

the 18th February 2025 approved to extend the benefit of payment of Remote Area Allowance,

Special Allowance & Shift Allowance in the pre-revised rate with the revised ceiling limit

retrospectively w.e.f. the 25th June 2021.

In witness where of the parties here to signed the settlement on this the 12th day of March

2025.