Orissa Court December 1968 Judgments
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Hindusthan Steel Ltd. Vs. their Workers (Through Rourkela Mazdoor Sabh ...
Court: Orissa
Decided on: Dec-18-1968
Reported in: (1970)ILLJ337Ori
S. Barman, C.J.1. The petitioner, Hindusthan Steel. Ltd., challenges the award of the labour court, Orissa by which it directed the management of Hindusthan Steel, Ltd., to reinstate their dismissed workman, opposite party 2, Udayanath Patra, with half of his back wages,2. The charges of misconduct on which the workman was chargesheeted, were wilful insubordination and disobedience of orders of superiors and negligence in duty resulting in stoppage of work in that on 10 August 1962, the opposite party 2, a crane operator, was asked to take out the fourth spindle at about 9-30 p.m., but he refused to carry out the order and did not do his work after 9-30 p.m. even though he had taken more than adequate relief by not working from 3-30 to 6-30 p.m. as a result of which the work had to suffer-all as stated in the chargesheet.3. There was a departmental enquiry held by an enquiry committee who found the workman guilty of gross misconduct of disobedience of orders and he was dismissed. The w...
Sayed Ashan Ali Vs. Union of India (Uoi) and anr.
Court: Orissa
Decided on: Dec-18-1968
Reported in: (1970)ILLJ567Ori
S. Barman, C.J.1. The petitioner, a record clerk in the employment of the Southeastern Railway at Cuttack, was dismissed from service on a charge of having obtained railway passes for the purpose of his family and department relatives including therein a defendant unmarried sister-though he had usually no such dependent relative--as mentioned in the charge.2. On 6 September 1961, the District Engineer, Southeastern Railway, Cuttack, charged the petitioner with having committed the said offence and asked him for his explanation. Thereafter, in the course of disciplinary proceeding against him there was an enquiry and ultimately on 31 January 1964, the General Manager, Southeastern Railway, dismissed the petitioner from service. This order was communicated to the petitioner by the Deputy Chief Personnel Officer, Southeastern Railway, by his letter, dated 2 February 1964. It is against this order of dismissal that the petitioner has filed this writ petition.3. The points urged on behalf o...
Krushna Prasad Panda Vs. Inspector of Schools and ors.
Court: Orissa
Decided on: Dec-17-1968
Reported in: AIR1969Ori213
Patra, J. 1. This is an application filed by the petitioner for the issue of a writ of Mandamus quashing the order dated 6-6-1968 passed by the Inspector of Schools (Opposite party No. 1) reconstituting the Managing Committee of the Panchayat High School, Betada in the district of Balasore. A Managing Committee with the petitioner as Secretary had been formed sometime ago and was functioning smoothly. In January last, certain differences arose amongst the members of the committee inter se and between some of the members of the committee and public - outside. The students of the school also appear to have gone on strike. In these circumstances, the Inspector of Schools, Balasore in consultation with the District Magistrate formed a new Managing Committee and on 6th January, 1968 issued the impugned memo (Annexure -- A) which is as follows:-- 'The following members will constitute the Managing Committee of Panchayat High School, Betada from the 8th June, 1968. 1. Sri Shyamasundar Panigr...
Pingal Khadia and ors. Vs. the State
Court: Orissa
Decided on: Dec-17-1968
Reported in: AIR1969Ori245; 1969CriLJ1255
G.K. Misra, J. 1. The appellants have been convicted under Section 302/34 I. P. C. and each of them has been sentenced to imprisonment for life. They have also been convicted under Section 201/34 I. P. C. and each has been sentenced to R. I. for 5 years. The sentences are to run concurrently.2. The prosecution case may be outlined in short. The 3 accused and the deceased are all Adibasis. One Bhasavan had two sons Tiharu and Niharu (the deceased). Pingal (accused No. 1) is the son of Tiharu. Each of the accused had separate disputes with the deceased. On 26-2-66 at about 4 to 5 P. M. the deceased and accused Budni purchased two bottles of liquor from P. W. 11. They drank one bottle and carried the other bottle and proceeded to the house of Budni. Being drunk the deceased slept in the house of Budni. At about 10 to 11 P. M., Budni called the other two accused and supplied them the plough-share (M. O. II) and the sickle (M. O. VII). With these two weapons accused Pineal and Bisram assaul...
Natabar Sahu Vs. Radhamohan Sahu and ors.
Court: Orissa
Decided on: Dec-16-1968
Reported in: AIR1969Ori250; 1969CriLJ1260
S.K. Ray, J. 1. This appeal has been filed against an order of acquittal after obtaining leave, under Section 417 of the Code of Criminal Procedure. 2. The five accused persons were charged under Section 427 of the Indian Penal Code for having committed mischief by way of causing damage to the extent of Rs. one thousand by demolishing the house of the complainant and taking away household materials. 3. The complainant's case is that the house belonged to him of which he was in possession and was living there with his daughter. On 30-11-64 at about 10 A. M. all the accused persons, who were all residents of Berhampur, trespassed Into the said house, demolished it, and removed household materials belonging to the complainant. The total damage caused thereby is valued at Rs. 1,000/-. 4. Of the five accused persons, respondent No. 1 is the father and respondents 2 to 4 are his sons. The defence of respondents 1, 3, and 4 is one of non-participation in the alleged occurrence. The defence of...
Hindusthan Steel Ltd. Vs. Rourkela Mazdoor Sabha and ors.
Court: Orissa
Decided on: Dec-12-1968
Reported in: AIR1969Ori209; 35(1969)CLT116; (1969)IILLJ202Ori; (1970)IILLJ533Ori
Patra, J. 1. This application under Articles 226 and 227 of the Constitution has been filed by the Hindusthan Steel, Limited, Rourkela Steel Plant praying for issue of a writ of certiorari quashing the order of the Labour Court directing reinstatement with full back wages of B. Sabat, a driver who was dismissed from service by the Management by its order dated 3-7-1962. B. Sabat was appointed as a driver in the Rourkela Steel Plant on a three-year-contract and he joined his duty in the forenoon of 6-1-1961. On 13-2-1962, he was served with a charge-sheet containing the following four charges: 'It has been reported against you as under: (1) On 5-1-62 while driving vehicle No. ORN-3499 (Pool Jeep) you made an accident with State Transport Bus No. ORN-2123. (2) On 8-1-62 you made another accident while driving ORN-3497 (Pool Jeep). (3) On 30-1-62 due to your careless parking of Truck No. ORN-621 another accident occured with vehicle No. 2212. (4) On 11-2-62 you left the garage while o...
Dr. Dasarathi Mahapatra Vs. State of Orissa
Court: Orissa
Decided on: Dec-12-1968
Reported in: AIR1969Ori215; 35(1969)CLT267
Patra, J. 1. This is an application, under Articles 226 and 227 of the Constitution praying to quash an order dated 11th September, 1968 reverting the petitioner as a Civil Surgeon. The petitioner Dr. Dasarathi Mohapatra joined service under the State of Orissa as an Assistant Surgeon and in due course was promoted to the rank of Civil Surgeon. While working as Civil Surgeon he was temporarily promoted to the rank of Joint Director of Health Services on a provisional basis by order dated the 29th July, 1968 of the Government of Orissa in the Health and Family Planning Department and by the said order Ms services were placed at the disposal of the Labour, Employment and Housing Department for appointment as Administrative Medical Officer, Employees' State Insurance Scheme. The order ran as follows : 'Dr. Dasarathi Mohapatra, Civil Surgeon at present Medical Superintendent, T. B. Hospital, Puri, is temporarily appointed as a Joint Director of Health Services on provisional basis for a pe...
State Vs. Dhusa Kandy and ors.
Court: Orissa
Decided on: Dec-12-1968
Reported in: 35(1969)CLT152; 1970CriLJ1322
G.K. Misra, J.1. The three respondents stood trial under Sections 380 and 302/34, Penal Code and were acquitted. The State has filed this appeal against the order of acquittal.2. The prosecution case may be stated in brief. Admittedly the accused had some land disputes with the deceased. On 15-1-65 the accused came to the house of the deceased and tried to remove paddy sheaves. The deceased was aroused from sleep. While accused No. 1 was removing a paddy sheave, the deceased caught hold of it. Accused No. 1 dragged him. Accused No. 2 gave the second (first -Ed.) stroke on the bead. Accused No. 1 then gave the second stroke, and when the deceased fell down with his face upwards accused No. 8 gave the third stroke. The deceased died instantaneously on the spot. Kasi Kandy (since deceased) a eon of the deceased, lodged the F. I. E. on 16-1-65 at 2 to 8 P. M., the police station being at a distance of 22 miles from the village. After necessary investigasion, a charge-sheet was submitted ag...
Dwarika Misra Vs. State
Court: Orissa
Decided on: Dec-05-1968
Reported in: 35(1969)CLT255; 1970CriLJ114
G.K. Misra J.1. The appellant has been convicted under Section 302, Penal Code and sentenced to imprisonment for life. Originally 6 accused persons stood trial under Sections 302/34 and 323/34, Penal Code, 5 of them have been acquitted.2. The prosecution case may be stated in brief. The deceased Balaram Satpathi, Dukhi-shyam (P. W. 8) and Ananda (P. W. 10) are the sons of Sudam Satpathy (P. W. 11). The accused are all agnates. There is no dispute that there is long standing family trouble between the Misras and the Satpathys. 19-8-65 was a Janmastami day. It appears that the appellant had purchased some meat from the deceased, but had not paid the price. In that fateful morning the deceased asked for the money. This led to some altercation. By then the father of the deceased was going to the temple to do Puja. The cloth of the appellant touched Sudam. This also led to some trouble. Both these matters led to a serious quarrel ultimately.The Misras, who are the accused, came with lathis ...
State Vs. Pabitra Guru
Court: Orissa
Decided on: Dec-05-1968
Reported in: AIR1969Ori287; 1969CriLJ1515
G.K. Misra, J.1. The accused was charged under Section 302, I. P. C. but was acquitted. Against the order of acquittal the State has filed this appeal.2. The prosecution case may be stated in brief. The deceased and the accused were brothers. On 15-12-65 the accused, the deceased, Gunanidhi Guru (P. W. 1) Khetri Guru (P. W. 2) and another went to Bileimunda land to perform Choru Puja. After the performance of the Puna was over, the accused and the deceased took liquor. The deceased then asked the accused to give up possession of the homestead land which he had purchased from him previously. The accused refused to give up that land. A quarrel ensued. In course of the quarrel, the deceased picked up the axe (M. O. I) of the accused, which was lying on the ground, and raised it to assault the accused on the head, P. W. 1 snatched away the axe from the hand of the deceased and threw it to a distance of about 10 cubits. The accused immediately picked it up and dealt a blow with the axe on t...
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