Court : Orissa
Reported in : AIR1976Ori159; 42(1976)CLT580
R.N. Misra, J.1. The National Coal Development Corporation Limited, incorporated under the Companies Act, 1 of 1956, is wholly owned by the Government of India and carries on extensive mining operation in coal throughout the country. It has five collieries within the Talcher Sub-division of the district of Dhenkanal of this State, namely--(i) Talcher Colliery,(ii) Deulbera Colliery,(iii) South Balanda Colliery,(iv) Jagannath Colliery,(v) Nandira Colliery.Petitioner alleges that for the carrying out of mining operations a Large number of workmen have been engaged and it is customary in the mining industry that such workers within the mining area draw coal for their own domestic consumption. This traditional advantage has been recognised in several industrial adjudications and settlements between mine owners and their workmen. Coal mines are located in various States of the country and though they are properties of the various States where located, their regulation and development is con...
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori30
Shankar, C.J.1. The petitioner applied for admission to any one of the Medical Colleges mentioned by the State of Orissa for the session 1975-76, but his application was rejected. By this 'writ petition he prays that the opposite parties State of Orissa and Convener of M.B.B.S. Selection Board be directed to admit him in any of the aforesaid colleges as his application for admission was rejected without any valid ground.The petition is opposed. Two main grounds urged in support of the rejection are firstly that in terms of the Home Department Resolution No. 38-Reforms dated January 18, 1949, the petitioner was not able to speak Oriya and even though a literate person was also not able to read and write this language, and secondly that in terms of the same notification no adequate proof was produced by him to satisfy the authorities that he was a permanent resident of the province of Orissa, namely, that one of his parents had lived in the Province of Orissa for a minimum period of 12 y...
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori189
Das, J. 1. The two petitioners who are residents within the area of the Rambha Notified Area Council have filed this petition under Article 226 of the Constitution of India for issue of a writ of certiorari or any other suitable writ quashing the order of the Government allowing the appeal of the Head Clerk of the Rambha N. A. C. in a disciplinary proceeding against the Head Clerk. 2. The petitioners contend that opposite party No. 3 was appointed as Head Clerk of the Rambha N. A. C. Several charges were framed against him and after enquiry he was discharged from service. As against the said order opposite party No. 3 preferred appeal as provided under Section 77 of the Orissa Municipal Act to the State Government. The State Government allowed the appeal of opposite party No. 3 and directed to reinstate him. During the pendency of the appeal the post of Head Clerk was abolished by the N. A. C. After receipt of the Government order the Executive Officer wanted clarification from the Gov...
Tag this Judgment!Court : Orissa
Reported in : 1976CriLJ2004
R.N. Misra, J.1. Criminal Appeal No. 16 of 1974 is by 12 appellants while Criminal Appeal No. 37 of 1974 is by a sole appellant. These appellants along with several others were committed to the Court of Session on a charge punishable under Section 396 of the Indian Penal Code. In course of trial, the sole appellant of Criminal Appeal No, 37 of 1974 absconded and was not available for the rest of the trial. His case was, therefore, split up. By judgment dated 8-12-1973, the learned trial Judge convicted the appellants of Criminal Appeal No, 16 of 1974 - appellants 1 to 7, 11 and 12 under Section 396 of the Indian Penal Code and while appellant No, 1 was sentenced to rigorous imprisonment for life, the remaining appellants convicted under Section 396 of the Indian Penal Code were sentenced to rigorous imprisonment for ten years each; appellants 8 to 10 were convicted under Section 412 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for seven years...
Tag this Judgment!Court : Orissa
Reported in : 42(1976)CLT439; (1977)ILLJ36Ori
R.N. Misra, J.1. Petitioner is the proprietor of a ousiness concern known as Joseph Watch Company. Opposite wile party No. 2 was previously working under the State Government and wrier superannuation undertook employment, under the petitioner. On account of incapacity related to old age and chronic allment, petitioner's services were terminated on 4lh of July. 1973, on payment of a month's salary in lieu of notice. Thereafter opposite party No. 2 lodged a claim before the District Labour Officer, Cuttack, that he was entitled to gratuity under the Orissa Shops & Commercial Establishments Act and the petitioner had not paid the same at the time of terminating the service. Ultimately a reference was made by the State Government to the Industrial Tribunal and the following disputes were referred :(1) Whether Sri B.C. Das (opposite party No. 2) who was under the employment of M/s. Joseph Watch Company (petitioner) is an employee within the meaning or Section 2(6) of the Orissa Shops & Comm...
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori213
R.N. Misra, J.1. Arjuna Mohanty whose parents are appellants before us was returning on cycle from Puri Town to Chandanpur at about 9 O'clock in the morning on 23-11-1969 along with one Satrughna Sahu (P. W. 2). Each of them was riding a cycle and while they were near about Bira Harekrushnapur, from the opposite direction came a bus bearing registration number ORP 365 which dashed against the cycle of the deceased Arjuna. As a result of this collision Arjuna fell down and over him fell his cycle. The bus did not stop. With multiple injuries on his body the victim was removed to the hospital at Puri where he succumbed to his injuries a couple of hours after the incident. A claim was laid for compensation under the provisions of Chapter VIII of the Motor Vehicles Act of 1939 by the parents impleading the owner of the bus and the insurer of the vehicle and a sum of Rs. 50,000/- was claimed.2. The deceased was said to be a person of 22 years of age and was employed under one Upendra Mohapa...
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori191
Das, J. 1. The two petitioners who are residents within the area of the Rambha Notified Area Council have filed this petition under Article 226 of the Constitution of India for issue of a writ of certiorari or any other suitable writ quashing the order of the Government allowing the appeal of the Head Clerk of the Rambha N. A. C. in a disciplinary proceeding against the Head Clerk. 2. The petitioners contend that opposite party No. 3 was appointed as Head Clerk of the Rambha N. A. C. Several charges were framed against him and after enquiry he was discharged from service. As against the said order opposite party No. 3 preferred appeal as provided under Section 77 of the Orissa Municipal Act to the State Government. The State Government allowed the appeal of opposite party No. 3 and directed to reinstate him. During the pendency of the appeal the post of Head Clerk was abolished by the N. A. C. After receipt of the Government order the Executive Officer wanted clarification from the Gov...
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