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Orissa Court December 1984 Judgments

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Dec 10 1984

Sri Parameswar Das Vs. Sri Dhirendra Mallick and ors.

Court: Orissa

Decided on: Dec-10-1984

Reported in: 1985(I)OLR59

S.C. Mohapatra, J.1. The Election Commissioner under the Orissa Panchayat Samiti Act, 1959 ( Orissa Act 7 of 1960) (hereinafter referred to as the 'Act') having refused the prayer to be added as a party to the election petition, the petitioner has approached this Court in this writ application to quash the order (Annex. 2) in exercise of the extraordinary jurisdiction by issuing a high prerogative writ under Articles 226 and 227 of the Constitution.2. Opposite party Nos. 2 and 3 were candidates contesting the election to the office of Chairman of Rajkanika Panchayat Samiti Opp. party No. 2 was declared elected by notification, dated 22.2.1984. Opposite party No. 1 who was an elect eligible to vote at the election presented an election petition for declaring the election of opposite party No. 2 as void and for declaring opposite party No. 3 as elected. The said petition was registered as Misc. Case No-37 of 1984 (Election). The case was posted for hearing to 8.8.1984. On 6.8.1984 the pe...


Dec 07 1984

Dinesh Chandra Mishra Vs. Asst. Labour Commissioner (Central) and anr.

Court: Orissa

Decided on: Dec-07-1984

Reported in: [1985(50)FLR136]; 1985(I)OLR56

R.C. Patnaik, J.1. In this application under Article 226 and 227 of the Constitution of India, the petitioner has moved this Court for the quashing of the order dated March 21, 1980 of the Assistant Labour Commissioner (Central) refusing to initiate conciliation proceeding under the provisions of the Industrial Disputes Act (for short, 'the Act') and for a mandamus directing the opposite party No, 1 to act in accordance with law.2. The petitioner has alleged that he was appointed as an Insurance Agent by the New India Assurance Company Limited, on May 6, 1977. He was appointed as Junior Inspector with effect from November 21, 1977. With effect from January 1, 1973, his service was terminated. His representations to the authorities having yielded no result, he moved opposite party No. 1 to mediate for settlement of the dispute which arose due to the termination of his service. Opposite party No. 1 relying upon decision of the Madras High Court in M/s. Oriental Fire & General Insurance C...


Dec 01 1984

State of Orissa Vs. Rama Chandra Sahu and anr.

Court: Orissa

Decided on: Dec-01-1984

Reported in: AIR1985Ori73; 1985(I)OLR32

ORDERK.P. Mohapatra, J.1. This civil revision is directed against the order passed by the learned Subordinate Judge, Cuttack removing an Arbitrator and appointing a new one in his place.2. The facts in brief are that opposite party No. 1 a Contractor, had entered into Agreement No. 32- F2 of 1977-78 with the State of Orissa-for the construction work described in the said agreement There was an arbitration clause in the said agreement in case of dispute between the parties. Opposite party No. 1 raised a dispute against the State of Orissa and, according to the arbitration clause in the agreement, opposite party No. 2, a Superintending Engineer was appointed as the Arbitrator. Opposite party No. 1 entertained some grievances against opposite party No. 2 and made an application under Sections 3, 11 and 12 of the Arbitration Act for removal of opposite party No. 2 on the ground of laches, negligence and misconduct Me alleged that opposite party No. 2 was appointed as Arbitrator on 9-4-80. ...


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