Lilima Sahoo vs Orissa Power Generation ...
2023 Latest Caselaw 3903 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       W.A. No. 883 of 2021

             Lilima Sahoo                               ....             Appellant
                                           Mr. Dayananda Mohapatra, Advocate
                                           -versus-
             Orissa Power Generation Corporation, ....               Respondents
             Jharsuguda and Others


             CORAM:
             THE CHIEF JUSTICE
             JUSTICE G. SATAPATHY
                                          ORDER

Order No. 20.04.2023

01. 1. The challenge in the present appeal is to a judgment dated 4th October, 2021 passed by the learned Single Judge dismissing the OJC No.7047 of 2001 filed by the present Appellant claiming that the Orissa Power Generation Corporation Limited (OPGC) should, after treating the Appellant to be its employee, release arrears of differential salary, revise the pay scale and pay her all the retiral benefits.

2. The question before the learned Single Judge was whether as claimed by the Appellant, she could be treated as an employee of the OPGC when in fact she was appointed as a Teacher in an Odia Medium School named 'Ib Thermal Vidyapeetha' within the compound of the OPGC project. It was found by the learned Single Judge that the School itself was registered under the Societies Registration Act, 1860 and, therefore, was a separate entity. No document was produced by the Appellant to show any privity of

contract or employee employer relationship between OPGC and the Appellant. In fact, it was the School that had confirmed the services of the Appellant from time to time and also made her in charge Headmistress with effect from 30th June, 1996.

3. In the above factual background, the finding of the learned Single Judge that the Appellant cannot be treated as employee of the OPGC calls for no interference. The appeal is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge Subhasmita