Orissa Court February 2000 Judgments
Divisional Manager, New India Assurance Co. Ltd., Cuttack Vs. Pranab S ...
Court: Orissa
Decided on: Feb-29-2000
Reported in: 2001ACJ2014; AIR2000Ori146
P.C. Naik, J. 1. An award of Rs. 30,000/-passed against the insurer is assailed before this Court in this appeal. 2. The facts involved in this case lie in a narrow campus. On 12-8-1990 at about 12.15 p.m. the claimant-respondent No. 1 who was riding a bi-cycle was injured when a vehicle bearing registration number OAX 1883 knocked him down. The claimant sustained bodily injury and was removed to the headquarters Hospital, Balasore for treatment. The bi-cycle, which he was riding at the relevant point of time, was completely damaged. Alleging that the accident was solely due to rash and negligent driving, the claimant claimed Rs. 70,000/- as compensation from the owner and insurer of the vehicle. 3. The claim was resisted by the owner-respondent No. 2 on the ground that the accident was solely due to the negligence of the claimant, who, though was going on a bicycle, was holding the 'DALA' of the truck with one hand and when the driver applied the brake, could not control himself and d...
Tag this Judgment!Mohan Ch. Sahoo and ors. Vs. Government of Orissa and anr.
Court: Orissa
Decided on: Feb-29-2000
Reported in: 89(2000)CLT573; (2000)ILLJ1646Ori; 2000(I)OLR443
P.C. Naik, J.1. Refusal on the part of the Government of Orissa in the Labour and Employment Department to refer a dispute for adjudication vide order dated September 21, 1996, is the subject-matter of challenge in this writ application.2. The facts involved in this writ application lie in a narrow compass. According to the petitioner, they were engaged as nominal muster roll employees under the Executive Engineer, Parajanga Canal Division, Dhenkanal (opposite party No. 2 herein) on different dates in 1981 and continued as such till the year 1990 when they were illegally terminated in utter disregard to the provisions contained in the Industrial Disputes Act, 1947 (in short, 'the Act'). Aggrieved therewith, the petitioners had submitted a number of representations to their employer for reinstatement. Their personal approaches having failed to bring about any result, they lodged a petition before the District Labour Officer, Dhenkanal ventilating their grievance. The record indicates th...
Tag this Judgment!Nalini Prava Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-29-2000
Reported in: 89(2000)CLT558; 2000(I)OLR447
P.C. Naik, J.1. The prayer in this writ application is, 'for a direction to the opposite parties 2 and 3 allow her grant-in-aid scale of pay in the post of trained graduate teacher with effect from 1.3.1 987, for quashing the order of approval of appointments of opposite parties 6 and 7 vide Annexures-3 and for issuance of such other appropriate direction as may be necessary in the facts and circumstances of the case.'2. According to the petitioner, she was initially appointed as an Assistant Teacher on or about 4.11.1982 and subsequently she was permitted to continue on regular basis with effect from 1.2.1983. It is her case that in January, 1990, a letter was received from opposite party No. 2 allowing the staff of the school to receive grant-in-aid scale of pay and though the names of some junior Assistant Teachers, in particular, opposite party No. 6, who was initially appointed on 7.8.1 984 and entered into the school sometime in the year 1 986, found place in the order of approva...
Tag this Judgment!Bhikari Charan Rath Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-29-2000
Reported in: 89(2000)CLT768; 2000(II)OLR6
ORDERP.K. Tripathy, J. 1. Heard.2. This revision application has been filed by the 2nd party in Criminal Misc. Case No. 72 of 1995 under Section 145 Cr.P.C. of the Court of Executive Magistrate, Kendrapara, challenging issue of the prohibitory order while passing the preliminary order under Sub-Section (I) of Section 145 Cr.P.C. The impugned order reads as hereunder :'Perused the Misc. petition filed by the 1st party and enquiry , report made thereon by the A.S.I., Patkura P.S. dated 3.5.1995. Also perused the xerox copy of the R.O.R. published on 7.10.1987 and heard the Advocate on behalf of the 1st party. It appears that there is apprehension of breach of peace arising out of construction of pucca building over the proceeding land as scheduled below, which is situated within the local limits of Court's jurisdiction.I am satisfied that there is apprehension of serious breach of peace between the parties at any moment3, which may lead to serious bloodshed and loss of human lives.I, the...
Tag this Judgment!Divisional Manager, New India Assurance Co. Ltd. Vs. Pranab Sundar Sah ...
Court: Orissa
Decided on: Feb-29-2000
Reported in: II(2002)ACC714
P.C. Naik, J.1. An award of Rs. 30,000/- passed against the insurer is assailed before this Court in this appeal.2. The facts involved in this case lie in a narrow compass. On 12.8.1990 at about 12.15 p.m. the claimant-respondent No. 1 who was riding a bicycle was injured when a vehicle bearing registration No. O.A.X. 1883 knocked him down. The claimant sustained bodily injury and was removed to the Headquarters Hospital, Balasore for treatment. The bicycle, which he was riding at the relevant point of time, was completely damaged. Alleging that the accident was solely due to rash and negligent driving, the claimant claimed Rs. 70,000/- as compensation from the owner and insurer of the vehicle.3. The claim was resisted by the owner, respondent No. 2, on the ground that the accident was solely due to negligence of the claimant, who, though was going on a bicycle, was holding the 'dala' of the truck with one hand and when the driver applied the brake, could not control himself and dashed...
Tag this Judgment!State of Orissa and ors. Vs. Krushna Chandra Swain
Court: Orissa
Decided on: Feb-25-2000
Reported in: AIR2000Ori132
P.K. Misra, J. 1. Defendants are the appellants against the decree of the Subordinate Judge, Jagatsinghpur, directing payment of Rs. 1,02,705/- to the plaintiff-respondent in Money Suit No. 6 of 1987. 2. The aforesaid suit was filed for realisation of Rs. 9,30,638.88 oh the following allegations :-- The plaintiff is a registered 'A' Class contractor. On the basis of a tender, he was engaged for construction of 'projection work to saline embankment on devi left from Magura nala to Bandara N.D. (8300-M to 9000-M)'. After the plaintiff had commenced the work and had completed from RD 8300-M to 8585-M, the work was temporarily stopped and subsequently after obtaining necessary instruction, the plaintiff completed the work as per the agreement. During the execution of the work, the plaintiff was also asked to execute additional work as per the rates and terms and conditions provided in the original F2 agreement. The plaintiff was also instructed to execute some further additional work. It w...
Tag this Judgment!Paradeep Phosphates Employees' Union Vs. State of Orissa and Ors.
Court: Orissa
Decided on: Feb-25-2000
Reported in: (2001)ILLJ1624Ori
P.K. Mohanty, J.1. The petitioner, a registered Trade Union of workmen of Paradeep Phosphates Ltd. assails the letter of opposite party No. 3 Paradeep Phosphates Ltd. by its Senior Manager (P6A), para 6 indicating therein that for allotment of 'B' type quarters the seniority as on June 27, 1994 is to be taken into consideration and after exhaustion of the said seniority list, a new quarters allotment policy shall be framed.2. The petitioner's case in short is that the Union raised a demand for upgrading the induction grade of workmen with ITI qualification from Rs. 570/- grade to Rs. 650/-grade and that was referred to the Arbitrator-Labour Commissioner by the Government of Orissa under Section 10(1)(a) of the Industrial Disputes Act, 1947. The Arbitrator gave its award on April 28, 1994 and it was published in the official Gazette on May 27, 1994 a copy of which is Annexure-1 to the writ petition. The management opposite party No. 3 had changed the seniority list 1 of B.Sc./Diploma ho...
Tag this Judgment!Bimal Prasad Pattnaik Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Feb-25-2000
Reported in: 2000(I)OLR407
P.K. Mohanty, J.1. The petitioner has approached this Court for the following reliefs :(i) To issue notice to the opposite parties asking for show cause as to why the services of the petitioner shall not be regularised and he shall not be absorbed in the vacant post of Lower Division Clerk with all service and financial benefits, and in the event of improper, unsuitable and unsatisfactory reply from the opp. parties to direct the opp. parties to regularise the services of the petitioner with effect from 1.1.1996 absorbing him in the post of L.D.C. and to grant all service and financial benefits to him as due and admissible;(ii) To direct the opp. parties not to be vindicative upon the petitioner by terminating his services in view f the unspecified statutory service conditions inadequately provided or being not provided in the statute, National Council for Teachers Education Act, 1993;(iii) To grant any other fit, proper and equitable relief, the petitioner is entitled to in the facts ...
Tag this Judgment!Bijay Kumar SwaIn Vs. Director, Institute of Physics and anr.
Court: Orissa
Decided on: Feb-25-2000
Reported in: 89(2000)CLT652; [2001(88)FLR126]; 2000(I)OLR460
R.K. Patra, J.1. In this writ petition the petitioner has prayed for issuance of an appropriate direction to the opposite parties to absorb him as helper or in any other suitable post.2. It is not necessary to discuss the facts of the case in detail for disposal of the case. Suffice it to state that when the petitioner was disengaged as Helper-cum-Pump Driver in the Institute of Physics with effect from 31.1.1996, he filed a writ petition in this Court bearing OJC No. 5014 of 1997 in which he assailed his disengagement and prayed for regularisation in service. This Court by judgment dated 19.1.1999 disposed of the aforesaid writ petition by directing the opposite parties to employ him as soon as an employment is' made available or the second Pump House is put to operation. The specific allegation of the petitioner in this writ petition is that soon after hearing of the aforesaid case was concluded, the Director, Institute of Physics (opposite party No. 1) published an advertisement for...
Tag this Judgment!Orissa State Civil Supplies Corporation Ltd. Vs. Janardan Samal
Court: Orissa
Decided on: Feb-25-2000
Reported in: 90(2000)CLT572
P.K. Misra, J.1. This appeal arises out of the order dated 3-11-1993 passed by the Subordinate Judge, Sundargarh in Misc. Case No. 45 of 1991. By the impugned order, the learned Subordinate Judge rejected the prayer for restoration of Money Suit No. 3 of 1984.2. The facts of the case are as follows :--Money Suit No. 3 of 1984 was filed by the appellant for realisation of Rs. 6,40,370/- from the the respondent. The said suit was filed on 3-3-1984 and was ready for hearing on 5-2-1990. It was, however, dismissed for default by order dated 20-9-1991. The appellant filed a petition under Order 9, Rule 9 of the Code of Civil Procedure for restoration of the suit, which was registered as Misc. Case NO. 45 of 1991. But the same was rejected by the learned Subordinate Judge, Sundargarh by order dated 3-11-1993.3. Learned counsel for the appellant submitted that the advocate appearing for the plaintiff-appellant in the trial court was absent on the date fixed for hearing on the suit due to his ...
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