Orissa Court December 2000 Judgments
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Steel Authority of India Ltd., Rourkela Steel Plant Vs. Assistant Labo ...
Court: Orissa
Decided on: Dec-21-2000
Reported in: [2000(85)FLR71]; 2001(I)OLR127
L. Mohapatra, J.1. This writ application has been filed challenging the order dated 28.6.1999 passed by the Controlling Authority under Payment of Gratuity Act holding that the proceeding is not barred under the principles of res judicata and for a declaration that opposite parties 2 to 166 are not entitled to any further amount what has been computed as gratuity payable to them.2. The case of the petitioner is that Steel Authority of India has framed the Rules called 'SAIL Gratuity Rules' with the approval of the Board of Directors in its meeting held on 8th August, 1978. These Rules apply to all the employees, whether executive or non-executive. The amount of gratuity payable to an employee is provided in Clause 3.2.1 of the Gratuity Rules. Opposite parties 2 to 166 were members of Rourkela Steel Plant Executive Association which is affiliated to Steel Executive Federation of India ('SEFF, for short). The SEFI had filed a writ application in Delhi High Court (C.W.P. No. 486 of 1995) ...
Bharati Ray Vs. Director, Xavier Institute of Management and ors.
Court: Orissa
Decided on: Dec-21-2000
Reported in: 2001(I)OLR134
L. Mohapatra, J.1. The petitioner who alleges to have been sexually harassed and misbehaved by the Co-ordinator of Centre for Development Research & Training (for short, 'CENDERET') of Xavier Institute of Management (for short, 'the Institute'), Bhubaneswar, has prayed for the following directions :(a) Direction to the State Government to provide adequate security/ protection from harassment caused to the petitioner by the Co-ordinator and also by the Director.(b) Enquire into the matter of sexual harassment and misbehaviour to the petitioner and other lady employees in the Institute by an independent agency under the direct supervision of this Court.(c) Enquire into the matter and take appropriate action against the Director of the Institute for making the complaint of the petitioner public, causin-g more harassment and violating her decency and dignity in the public.(d) To enquire into the matter as to how the Director sent a semi- nude photograph along with the petitioner's photogra...
Arabinda Panda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-21-2000
Reported in: 2001(I)OLR233
L. Mohapatra, J.1. The petitioner in this writ application has sought for a direction to quash the order dated 27.1.2000 passed by the Superintendent of Sanskrit Studies, Orissa (Annexure-6) rejecting the proposal for approval of the appointment of the petitioner as an Assistant Pandit in Damodar Tol. Balibil, in the district of Jajpur and for a further direction to the Superintendent to approve the appointment of the petitioner w.e.f 11.9.1 996 and for payment of arrear salary.2. The case of the petitioner is that Damodar Tol at Balibil, in the district of Jajpur was a Madhyama institution entitled to have one post of Acharya Head Pandit, two posts of Sastri Pandit, one post of B.A., B.Ed, teacher and another post of I.A., C.T. teacher in terms of the yardstick of 1987. Keeping in mind, the aforesaid yardstick, the petitioner was appointed as an Assistant Pandit in the said institution on 2.1 1.1 992. At the relevant time, the petitioner was a Upa-Sastri though the requirement for hol...
Kalidas Mohapatra, Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-21-2000
Reported in: 92(2001)CLT605; 2001(II)OLR508
L. Mohapatra, J.1. The petitioners in all the above writ applications have prayed for a direction to opposite parties to pay them salary in the scale of Rs. 2200-4000/- with effect from 1-1-1986 and for payment of the differential arrear amount in the revised scale of pay as claimed. Since common questions are involved in all the four writ applications, the same are taken up together and disposed of by this judgment.2. The petitioner in O. J. C. 15062 of 1996 was appointed as Lecturer in English on 2-11-1979 and pursuant to the decision of the Utkal University to condone the deficiency in qualification of non-Government college teachers dated 20-8-1986, the State Government in the erstwhile Department of Education & Youth Services condoned the deficiency in qualification of teachers appointed on or prior to 31-3-1982 and accordingly the deficiency in qualification so far as the petitioner was concerned was condoned and by order dated 13-7-1988, the petitioner's appointment was approved...
Ranjan Das and Others Vs. State of Orissa
Court: Orissa
Decided on: Dec-19-2000
Reported in: 91(2001)CLT475
A.S. Naidu, J.1. The petitioners have filed the present application Under section 482 of the Code of Criminal Procedure praying to quash the order dated 31-3-2000 passed by the learned J. M. F. C. (P), Kujanga, in G. R. case No. 510 of 1998 taking cognizance of the offence under sections 147, 148, 302, 149, I.P.C., By the said order, the learned Magistrate has also held that as materials are available to proceed against the accused persons (petitioners), N. B. W. be issued for their production.2. On the basis of an F. I. R. lodged at Ersama police station on 27-11-98. G.R. case No 510 of 1998 was instituted against the petitioners who are named in the F. I. R. . It is alleged that the aforesaid accused persons assaulted the brother of the informant by means of sticks and Bhujalis, as a result of such assault, the brother of the informant sustained grievous injuries. He was taken to Cuttack for treatment where he was declared dead.In course of investigation, the Investigating Officer we...
Niranjan Soren Vs. Senior Regional Manager, Hindustan Petroleum Corpor ...
Court: Orissa
Decided on: Dec-15-2000
Reported in: 92(2001)CLT218; 2001(I)OLR131
ORDER1. This application has been filed under section 34 of the Arbitration and Conciliation Act, 1996, (hereinafter called the 'Act') to set aside the award dated 28-4-1999.2. A preliminary objection has been filed on behalf of the opposite party contending that such petition is not maintainable in the High Court. Counsels for both parties have been heard on the question of maintainability of the petition only. Learned counsel appearing for the petitioner has submitted that an arbitrator is to be appointed by the Chief Justice of the High Court or the person or the institution designated by him andsuch application for setting aside the award should be filed before the High Court. In this connection, it is contended that as per the definition contained in section 2(1)(e) of the Act, the expression 'Court' includes the High Court.3. The contention of the petitioner that the award can be challenged in the High Court as the Chief Justice of the High Court has authority to appoint an arbit...
Orissa State Financial Corporation Vs. Shri Sailendra Narayan Patnaik ...
Court: Orissa
Decided on: Dec-15-2000
Reported in: 2001(I)OLR87
A.S. Naidu, J.1. This letters patent appeal is directed against the judgment dated 26.9.1996 passed in Miscellaneous Appeal No. 414 of 1994 by the Single Bench dismissing the said appeal solely on the ground that the application filed Under Section 31(1)(aa) of the State Financial Corporations Act, 1951 (hereinafter referred to as 'the Act') was barred by limitation. The appellant-Corporation being aggrieved by the above-referred judgment has filed this Letters Patent Appeal.2. Shorn of unnecessary details, the short facts as pleaded by the respective parties are as follows :Admittedly, Respondent, No. 1 - Sailendra Narayan Patnaik availed a loan to the tune of Rs. 1,55, 800/- from the Orissa State Financial Corporation (hereinafter referred to as 'the Corporation') for purchasing a truck and.his father Kailash Chandra Patnaik, respondent No. 2 stood surety for due repayment of the loan and executed necessary deed of guarantee. The vehicle which was purchased utilising the finance adva...
Smt. Kuntala Mohanta Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Dec-15-2000
Reported in: 2001(I)OLR269
R.K. Patra, Acting C.J.1. Is a married daughter entitled to compassionate appointment following the death of her father The petitioner's such claim having been rejected by the Central Administrative Tribunal, Cuttack Bench, Cuttack in its order dated 16.2.1998, she has filed this writ application challenging its validity.2. Petitioner's father Dambarudhar Mohanta while working as Extra Departmental Branch Post Master in Radhijkadeipur Branch Post Office expired on 30.10.1995 leaving behind his widow Sumitraand two children including the petitioner as daughter. After the demise of Dambarudhar Mohanta, the Superintendent of Post Offices, Keonjhar Division, Keonjhar requested his widow-Sumitra to submit application in the prescribed form for consideration of appointment on compassionate ground. In response to the said request, the petitioner submitted the application with required documents. The matter was considered in the Circle Relaxation Committee meeting which was held on 3.7.1996 in...
Smt. Basanta Manjari Das Vs. Life Insurance Corporation of India and o ...
Court: Orissa
Decided on: Dec-14-2000
Reported in: 2001(I)OLR115
Pradipta Ray, J.1. Uprendra Nath Das, the husband of the present writ petitioner was serving as a Ward Attendant in Sishu Bhavan, a State Government Hospital at Cuttack. While in service Uprndra Nath obtained a Life Insurance Policy under Salary Saving Scheme for a sum of Rs. 10,000/-. Unfortunately from June, 1993 Upendra Nath suffered from serious ailment, was admitted to the S.C.B. Medical College and Hospital as an Indoor patient and ultimately died on December 13, 1993. The writ petitioner as widow of the deceased Upendra Nath claimed the amount under the aforesaid policy. The Life Insurance Corporation (in short 'L.I.C.'), however, declined to make any payment on the ground that no premium against the said policy was received from July, 1993 to November, 1993. According to the employer the deceased-employee remained on commuted leave from July 1. 1993 till the date of his death, i.e., December 13, 1993 and as his pay was withheld during the said period, no deduction could be made...
Akshaya Kumar Barik Vs. Bhaskar Sahoo and ors.
Court: Orissa
Decided on: Dec-14-2000
Reported in: 2001(I)OLR74
P.K. Misra, J.1. The petitioner has challenged the decision of the Civil Judge (Senior Division), Padmapur (the Election Commissioner) in Election Misc. Case No. 2/97 as confirmed by the appellate authority, namely the District Judge, Sambalpur, whereunder the election of the petitioner as Member, Amthi Panchayat Samiti has been set aside and opposite party No.l has been declared to be elected. The election had taken place on 13.1.1997. The present petitioner as well as present opposite party No. 1 were found to have secured the same number of votes in their favour. The other candidates had secured much less votes. In accordance with rules, there was a draw of lots and the present petitioner was declared as elected. Opposite party No. 1 filed the aforesaid Election Misc. Case seeking for recount of ballots.Thereafter, the trial Court recounted the ballots and found opposite party No. l to be duly elected. The appeal filed by the present petitioner was dismissed. Hence the present writ ...
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