Orissa Court February 1998 Judgments
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Secretary, Larambha Service Co-operative Society Ltd. Vs. Suresh Chand ...
Court: Orissa
Decided on: Feb-05-1998
Reported in: (1999)IILLJ419Ori
P.C. Naik, J.1. What is assailed in this writ application is the maintainability, legality and propriety of the order passed by the Presiding Officer, Labour Court, Sambalpur, granting relief to opposite parry No. 1 Suresh Chandra Chhuria in a proceedings under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2. The facts giving rise to this petition are that Suresh (opposite parry No. 1), who was designated as an Assistant Secretary of the petitioner-Society, was suspended with effect from October 4, 1986. A departmental proceeding was initiated against him and after enquiry, he was dismissed from service on September 20, 1989. On April 26, 1990, he filed an application under Section 33C(2) of the Act claiming Rs. 40,388 as money due to him from the petitioner. The claim was resisted by the petitioner, inter alia on the ground that as Suresh had failed to attend the Office during the period of his suspension, he was not entitled to payment of...
Bani Alias Banamali Pradhan Vs. State
Court: Orissa
Decided on: Feb-02-1998
Reported in: 1999CriLJ2850
A. Pasayat, J.1. These two appeals from Jail have been filed by Bani alias Banamali Pradhan and Madhab Pradhan (hereinafter referred to as 'the accused') by their respective names. They question legality of judgment passed by learned 1st Additional Sessions Judge, Berhampur, convicting them for offences punishable under Section 302 read with 34 Indian Penal Code, 1860 (in short 'I.P.C.'), and separately holding accused Banam and Madhab guilty of offences punishable under Sections 323 and 326, I.P.C. respectively. Each of the accused was sentenced for imprisonment for life for the offence punishable under Section 302 read with 34, I.P.C. but no separate sentence was awarded for other offences in each case in view of the life sentence imposed.2. Prosecution version as unfolded during trial is essentially as follows :Hari Pradhan (hereinafter called 'deceased') was the elder brother of Arjuna Pradhan, the informant and Babi Pradhan (P.W. 5). There was dispute over the possession of a piec...
Divisional Manager, Oriental Insurance Co. Ltd. Vs. S.H. Mehar Singh a ...
Court: Orissa
Decided on: Feb-02-1998
Reported in: II(1998)ACC349; 2000ACJ120; 85(1998)CLT766
P.K. Tripathy, J.1. These are the two appeals under Section 30 of the Workmen's Compensation Act, 1923 (in short 'the Act') against the common judgment dated 26.12.1992 awarding compensation in favour of the respective respondents in both the appeals by the Deputy Labour Commissioner and Commissioner for Workmen's Compensation, Cuttack (in short, 'the Commissioner'). Both appeals were heard analogously and the result shall be abided by this common judgment.2. Facts relevant for this case are stated thus:On 15.2.1991, truck bearing registration No. WMK 9838 met with an accident on the national highway within the jurisdiction of Dharmasala P.S. in the district of Cuttack. Late Sahib Singh aged about 22 years was the driver of that truck and late Raghubir Singh, aged about 22 years was the helper. Parents of the driver filed Work-men's Compensation Case No. 533-D/91 and the widowed mother of the helper filed Workmen's Compensation Case No. 522-D/91 respectively claiming compensation of Rs...
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