Orissa Court February 1998 Judgments
Esskey Machinery (P) Ltd. Vs. Regional Provident Fund Commissioner
Court: Orissa
Decided on: Feb-11-1998
Reported in: (1999)ILLJ1001Ori
ORDER1. Petitioner calls in question legality of order passed under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (in short, the 'Act'). By the impugned order dated February 25, 1997 in P.O. case No. 87 of 1996-97, the Regional Provident Fund 'Commissioner, Orissa (in Short, the Commissioner') levied penal damages of Rs. 7,93,629/- for delay in deposit of provident fund dues required to be paid during the period 1988-89 to 1993-94. The Commissioner considered the factual aspects and observed that delay ranged between 23 days to 833 days. Taking note of decision of the Apex Court in Organo Chemical Industries v. Union of India, (1979-II-LLJ-416) it was observed that reasons indicated by petitioner to justify delay in deposit were not acceptable. It was also observed that reasons indicated are not germane.2. In the present writ application financial stringency and accumulated loss have been highlighted. It is also stated that the unit has been decla...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Abada Khatun and ors.
Court: Orissa
Decided on: Feb-11-1998
Reported in: 2000ACJ714; 85(1998)CLT485
P.K. Mohanty, J.1. The insurer, United India Insurance Co. Ltd., is the appellant against the judgment/award of the Joint Labour Commissioner-cum-Workmen's Compensation Commissioner, Cuttack fixing the liability of compensation on the insurance company.2. The claimants were the legal heirs of the deceased Abdul Habib alias Habibur Raheman Khan, who was helper in the bus bearing registration No. ORF 2155, which met with the accident on 24.1.1994 at about 4 a.m., having overturned. The deceased was employed by opposite party No. 1, Managing Partner of Kulamani Travels, in the offending bus and was receiving monthly wages of Rs. 900 and was aged about 35 years. The claimants were his widow and children. On receipt of notice of claim application, the opposite party No. 1, the owner of the vehicle and opposite party No. 2, the insurer (appellant herein) had filed their written statements denying liability and the entire claim of the petitioners.3. The insurer, opposite party No. 2, took the...
Tag this Judgment!Grid Corporation of Orissa Ltd. Vs. Indian Charge Chrome Ltd.
Court: Orissa
Decided on: Feb-10-1998
Reported in: AIR1998Ori101
S.N. Phukan, C.J.1. By this common judgmentand order, two appeals, registered as Misc. Appeal Nos. 599/97 and 600/97 and M.J.C. No. 229/97 are being disposed of.2. The two appeals have been filed by the Grid Corporation of Orissa Ltd. (for short 'GRIDCO') against the judgment and order of the Second Additional District Judge, Bhubaneswar, dated 25-7-1997, passed in Misc.Case No. 219of 1997 and Misc. Case No. G/195 of 1997. M.J.C. No. 229 of 1997 has been registered on an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, 'The Arbitration Act, 1996') by the Indian Charge Chroms Ltd. (lor shon, 'ICCL') against the GRIDCO and the Orissa State Electricity Regulatory Commission (for short, 'Regulatory Commission').3. A notice dated 20-6-97 for disconnection of power was issued by the GRIDCO against the ICCL. Against the said notice, two applications were filed under Section 9 of the Arbitration Act, 1996 before the Second Additional District Judge,B...
Tag this Judgment!Kedar Das Vs. Life Insurance Corporation of India and anr.
Court: Orissa
Decided on: Feb-10-1998
Reported in: (1999)ILLJ464Ori
R.K. Patra, J.1. In this writ application the petitioner seeks quashing of the 'charge sheet- cum-show cause notice' dated February 28, 1997 (Annexure 1) issued by the Disciplinary Authority calling upon him to show cause as to why the proposed penalty of removal from service would not be imposed on him since he has been found guilty of offence under Section 471 IPC.2. To get a hang of the controversy raised in mis matter facts in brief may be set out.The petitioner came to be appointed as sub-staff in Life Insurance Corporation of India, District Branch Office, Cuttack. While serving as such, notice dated July 20, 1988 was issued calling upon him to show cause as to why any one or more of the penalties specified under Regulation 39(1) (a) to (g) of the Life Insurance Corporation of India (Staff) Regulations, 1960 would not be inflicted on him for having committed breach of Regulations 21 and 24 of the aforesaid Regulations. The gist of the charge was that the minimum standard of educa...
Tag this Judgment!Gurucharan Kaur Vs. the State
Court: Orissa
Decided on: Feb-10-1998
Reported in: 86(1998)CLT209; 1998CriLJ1992
S.C. Datta, J. 1. The appellant was tried by the learned Special Judge, Koraput-Jeypore, under Section 7 of the Essential Commodities Act (for short 'the Act') for contravention of the provisions of Clause 10 of the Orissa Kerosene Control Order, 1962 (for short 'the order') andClause3 of the Orissa Declaration of Stock and Prices of Essential Commodities Order, 1973 (for short 'Order 1973'). He was found guilty of the offence, convicted thereunder and sentenced to suffer simple imprisonment for three months only.2. The facts leading to the present case may be shortly stated as follows :Appellant Guru Charan Kaur is a sub-wholesale dealer of kerosene which is an essential commodity. She was authorised to carry on the wholesale business at Balimila Nagar (Orkal). On 14-11-1984, the Supervisor, supplies, checked the business premises of the appellant and on verification found 420 litres of kerosene in excess. He also found that no board had been displayed showing the stock and price of k...
Tag this Judgment!Akhaya Kumar Vs. State of Orissa
Court: Orissa
Decided on: Feb-10-1998
Reported in: 1998CriLJ1757
ORDERS.C. Datta, J. 1. In this petition under Section 482 Criminal Procedure Code (for short the 'Cr. P.C), the petitioner seeks to quash the order dated 1-6-1996 passed by learned assistant Sessions Judge, Kendrapara framing charge under Sections 376 and 493 Indian Penal Code (for short the 'I.P.C) against him on the ground that there was no evidence to satisfy any of the ingredients constituting the offence under any of the aforesaid sections.2. The case was instituted on the basis of the complaint lodged on 2-4-1993 by one Sudarsan Sutar who is a neighbour of the petitioner. It has been alleged that the petitioner took away his daughter Sasmita Sutar on 2-4-1993 by a scooter towards Kendrapara. In the evening while he was going to Sarpanch and others to report about the incident, he heard his daughter shouting from the Bari of the petitioner and found that the family members of the petitioner were assaulting her. However, on his intervention and on the intervention of the local peop...
Tag this Judgment!Ajata Kumar Patnaik and ors. Vs. Grid Corporation of Orissa Ltd. and o ...
Court: Orissa
Decided on: Feb-09-1998
Reported in: (1998)IILLJ321Ori
Susanta Chatterji, J.1. The present writ petition is at the instance of 48 petitioners who are claiming to be employees in different capacities under the Superintending Engineer, Telecommunication Circle, Corporation of Orissa Ltd., Bhubaneswar. They have collectively filed this writ petition praying, inter alia, that the opposite parties should be directed to pay Rs. 400/- per month to the Junior Engineers and Supervisors-C and Rs. 120/- to Class IV staff and Rs. 240/- to other categories of staff mentioned in the chart as Thermal Allowance w.e.f. August 29, 1984 plus Rs. 100/- per month as conveyance allowance to each worker irrespective of grade/pay scale w.e.f. August 29,1984.2. It is stated in detail that the petitioners were recruited by the O.S.E.B. in different categories, namely, Technicians, Junior Engineers, Foreman, Clerks 'A' and B, Draftsmen and different unskilled Class-IV posts. They were appointed under the Telecommunication Circle headed by the Superintending Engineer...
Tag this Judgment!Gouri Shankar Sabat Vs. State of Orissa
Court: Orissa
Decided on: Feb-09-1998
Reported in: 1999CriLJ1779; 1999(I)OLR248
C.R. Pal, J.1. In this revision the petitioner assails the order dated 27.11.1997 passed by the learned Judicial Magistrate First Class, Khallikote, Ganjam in U.C. No. 293 of 1997.2. The facts of the case which have given rise to this revision may be stated as follows :The O.I.C., Rambha Police Station while patrolling near Sabulia railway check-gate searched a vehicle bearing registration No. OR02E-4822 and found that the vehicle was carrying India made foreign liquor. Ramesh Chandra Behera, the driver of the vehicle and Trinath Swain were in that vehicle. It was stated by the driver that being directed by Trinath Swain, the salesman of Narayani Foreign Liquor Shop, he was carrying the liquor to Palur. On demand, neither the driver nor the other occupant of the vehicle could produce any licence or document for possessing and transporting the liquor. So the O.I.C. seized the vehicle and the cartoon containing the foreign liquor bottles and arrested the driver and the other occupant of ...
Tag this Judgment!Jagannath Bose and anr. Vs. Sudhir Kumar Ray
Court: Orissa
Decided on: Feb-09-1998
Reported in: 1999(I)OLR522
C.R. Pal, J.1. The petitioners here assails the order dated 24.7.1996 passed by the learned Sub-Divisional Magistrate, Cuttack in Criminal Misc. Case No. 473 of 1994 rejecting the petition filed by the petitioners Under Section 148, Cr. .P.C. for a local inquiry.2. The facts of the case which gave rise to this revision are as follows :The present opposite party filed a petition Under Section 147,Cr. P.C. before the learned Executive Magistrate, Cuttack which was registered as Criminal Misc. Case No. 473 of 1994. It was alleged that there was dispute between the parties concerning right of user of a passage situated between the land purchased by the present opposite party from the late father of petitioner No. 2 of the revision petition and the land of the petitioners. While the said case was pending before the learned Executive Magistrate, the present petitioner filed a petition Under Section 148, Cr. P.C. for a local inquiry. The learned Magistrate while rejecting the prayer held that...
Tag this Judgment!Ramesh Chandra Sahu Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-05-1998
Reported in: (1999)IILLJ654Ori
Pasayat, J. 1. Order passed by the Government of Orissa in Labour and Employment Department refusing to refer dispute raised by petitioner for adjudication by the Labour Court as provided in the Industrial Disputes Act, 1947 (in short, the 'Act') is assailed in this writ application. 2. Background facts as projected by the petitioners sans unnecessary details are as follows: Petitioner was working under Turnkey International Limited with effect from 1986 for construction work of Indian Charge Chrome Limited (in short, the 'ICCL-opposite party No. 2). But when the plant of opposite party No. 2 was established, he was engaged directly under it from the year 1990 as a Hammerman. He was working in the Finished Products Department under supervision of officers of the company. His attendance was being taken by the staff of the company. He was enjoying the benefits extended to employees under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (in short, the 'P.F. Act') and ...
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