Orissa Court January 2001 Judgments
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Orissa Renewable Energy Development Agency Represented Through Its Chi ...
Court: Orissa
Decided on: Jan-30-2001
Reported in: 91(2001)CLT375
A.S. Naidu, J.1. This appeal is preferred under clause 10 of the Letters Patent against the judgment passed by the learned Single Judge in O. J C. No. 17623 of 1997 in exercise of powers conferred under Articles 226 and 227 of the Constitution of India,2. Bereft of all the unnecessary details, the facts as spelt from the inter se pleadings are as followed : On the basis of a report of the Conciliation Officer-cum-Assistant Labour Officer, Puri, the Government of Orissa in Labour and Employment Department was satisfied that an industrial dispute exists between the Management of the Orissa Renewable Energy Development Agency, Bhubaneswar and its workman Shri Dhirendra Mohan Patnaik, respondent No. 3 & in exercise of powers conferred by sub-section (5) of section 12 read with clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 considered it expedient to refer for adjudication of the dispute specified in the schedule to the Presiding Officer, Labour Court. Bhub...
Dr. Biswanath Murmu and Others Vs. State of Orissa and Others
Court: Orissa
Decided on: Jan-30-2001
Reported in: AIR2001Ori76; 91(2001)CLT436
P.C. Naik, J.1. Being desirous of obtaining Post Graduate degree, the petitioners who are graduate doctors had appeared at the Post Graduate (Medical) Selection 2001, Orissa which was held for selection of candidates for Post Graduate Course in the Government Medical Colleges of Orissa. Unfortunately petitioners 1, 3 and 4 did not qualify in the selection test. Petitioners 2 and 5 having qualified were called for counselling and thereafter taking into consideration their merit position, they were admitted to the P. G. course in General Surgery at the M.K.C.G. Medical College, Bethampur and S. C. B. Medical College, Cuttack respectively. However, being dissatisfied with the allotment of subjects and non-selection, the petitioners by this common petition have approached this Court for issuance of an appropriate writ, direction or order quashing clauses 13.2.1 and 13.2.4 of the Prospectus for Post Graduate (Medical) Selection-2001, Orissa (Annexure-2) and for a further direction to the op...
Rohit Chauhan Vs. Chairman, Admission Sub-committee, Joint Entrance Ex ...
Court: Orissa
Decided on: Jan-30-2001
Reported in: AIR2001Ori125; 91(2001)CLT454; 2001(I)OLR305
P.C. Naik, J.1. The challenge in this writ application is to the inaction of the opposite party by not permitting/allowing the petitioner to participate in the counselling for admission to the Engineering Courses in the State of Orissa. 2. The facts giving rise to this petition are that in response to an advertisement that was issued, the petitioner submitted an application to appear at the Joint Entrance Examination (Engineering & Medical) 2000 for admission into the Engineering stream. It is the case of the petitioner that as his application form was in order, he was issued an Admit Card, copy whereof is Annexure-1 to the writ petition, on the basis of which he appeared at the said Examination from the B. J, B. College Centre. Since he succeeded in the written test, he was issued a Call Letter to appear at the counselling scheduled to be held at Bhubaneswar on 9-8-2000. The petitioner went to Bhubaneswar and though the authorities collected the Call Letter from him and though the pet...
Yobati Nial Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-24-2001
Reported in: 2001(I)OLR477
ORDERL. Mohapatra, J.1. Heard Shri S.K. Das. learned counsel for the petitioner and the learned Additional Government Advocate.2. The petitioner in this writ application has challenged the order dated 20.5.98 under Annexure-4 disengaging the petitioner as Anganwadi worker. Case of the petitioner is that she was appointed as Anganwadi worker by the opposite party No. 4 on 30.4.83 and continued as such till the impugned order of disengagement was passed. Only point raised by the learned counsel for the petitioner is that before the impugned order was passed the petitioner was not given any notice and she had not been provided with reasonable opportunity of meeting any allegations on the basis of which the impugned order was passed. Learned Additional Govt. Advocate referring the counter also submitted that no notice had been issued to the petitioner to show-cause before the impugned order under Annexure-4 was passed.3. Learned counsel for the petitioner relying upon an order of this Cour...
Sk. Samsa @ Sk. SamsuddIn Vs. State of Orissa and Others
Court: Orissa
Decided on: Jan-23-2001
Reported in: 91(2001)CLT721; 2001CriLJ1952; 2001(I)OLR274
A.S. Naidu, J.1. This is an application under Articles 226 and 227 of the Constitution of India by a detenu under the provisions of the National Security Act. 1980 (hereinafter referred to as 'the Act'). The order of detention dated 24-1-2000 is assailed primarily on two grounds, namely, that there was inordinate delay in disposing of the representation of the petitioner by the State Government and that the detenu was not informed to file a representation before the Central Government which has the power to revoke the order of detention passed by the State Government.2. Two counter-affidavits have been filed on behalf of the opposite parties, one sworn to by the Under Secretary, (Home) Special Section Department and the other by the District Magistrate-cum-Collector, Balasore who had passed the order of detention. After perusing the affidavits, for effectiveadjudication of the case, we called upon Mr. Das, learned Additional Government Advocate, to produce the concerned Government file...
Krushna Chandra SwaIn Vs. State Bank of India
Court: Orissa
Decided on: Jan-19-2001
Reported in: 91(2001)CLT238; 2001(I)OLR295
P.K. Mohanty, J.1. This revision is directed against the order of the learned District Judge, Cuttack in Misc. Appeal No. 80 of 1999 dated 24-6-2000 directing the plaintiff-petitioner to pay the entire amount of the outstanding loan within three months,2. The short point for consideration in this appeal is whether in view of the fact that the appellant-petitioner and filed an appeal as against the order of the learned Civil Judge (Junior Division), Cuttack directing payment of at least a sum of Rs.1,25,000/- within three months in three instalments from the date of passing of the order to the opp. party-Bank, the learned lower appellate court could have, in absence of any appeal or cross-appeal by the opp. party-Bank passed an order for payment of the entire arrear loan amount.3. The petitioner as plaintiff filed a suit in the court of the learned Civil Judge (Junior Division), First Court, Cuttack, registered as Title Suit No. 85 of 1999 against the opp. party-Bankand during the pende...
Satrughana Mishra and Others Vs. Water and Land Management Institute ( ...
Court: Orissa
Decided on: Jan-19-2001
Reported in: 91(2001)CLT327; (2001)IILLJ1330Ori; 2001(I)OLR348
L. Mohapatra, J.1. The petitioners in this writ application have prayed for regularisation of their services from the date of their initial appointment.2. Case of the petitioners is that they were engaged as N. M. R. employees under the control of opposite party No. 1 since their date of appointment i. e. 1-6-1983. They have been continuing as such till date and they have not been regularised in service. During their employment they were being paid Rs. 25/-per day and subsequently same has been enhanced to Rs. 950/-per month and they are made to work at different Action Research Stations of the opposite party-Institute on transfer. While the petitioners were continuing as such, they represented to the opposite party No. 1 through opposite patty No 2 for regularisatioh of their services. Representations were forwarded by the opposite party No. 2 with recommendation for regularisation to opposite party No. 1, but the said representations have not been considered as yet. It appears that t...
Rabi Shankar Tripathy Vs. the Minerals and Metals Trading Corporation ...
Court: Orissa
Decided on: Jan-19-2001
Reported in: 91(2001)CLT331
L. Mohapatra, J.1. The petitioner in this writ application has prayed for a direction to the opposite parties to promote him to the rank of Deputy Manager (Local) cadre with effect from January, 1991 and/or from October, 91 and for payment of consequential service benefits like differential salary, seniority, etc..2. Case of the petitioner is that he joined as Junior Assistant in M M.T.C. Limited in the year 1970 and was promoted to the rank of Office Manager and has been working as such till filing of this writ application. The petitioner was approved for promotion as Office Manager in the Scale of pay of Rs.1000-1695/- with effect from 1-10-1986 by order dated 23-9-86. The said scale was subsequently revised to Rs. 1910-2950/- and falls within the Scale-IV Office Manager category. Further case of the petitioner is that according to the M.M.T.C. (Staff) Promotion Policy as revised from 1-10-1990, the employees of Scale-IV cadre on completion of qualifying period of service of 5 years ...
Pawan Kumar Agarwal and Sumit Kumar Agarwal Vs. State of Orissa and Ot ...
Court: Orissa
Decided on: Jan-19-2001
Reported in: AIR2001Ori91; 91(2001)CLT558
L. Mohapatra, J.1. The petitioners in the above two writ applications have prayed for quashing the order dated 20-4-2000 passed by the Government of Orissa in the Department of Forest and Environment directing the petitioners to show cause as to why the lease of Minor Forest Produce items as indicated in the said notice shall not be cancelled, as well as the resolution of the Government dated 31-3-2000 under Annexure-3.2. The petitioner in O.J.C. No. 4285 of 2000 was granted permission to collect forest produce, namely, Siali leaves by order dated 6-1-2000 for a period of three years. The area indicated in the said order was Bonai and Sundargarh Forest Divisions. Pursuant to the grant of the said lease in respect of the aforesaid two divisions, the petitioner deposited advance royalty and started operation of collection of Siali leaves by engaging several persons.The petitioner in O. J. C. No, 4286 of 2000 was granted permission to collect forest produce, namely, Siali leaves by order ...
Purnachandra Jena Vs. State of Orissa and Others
Court: Orissa
Decided on: Jan-19-2001
Reported in: 92(2001)CLT252; 2001(I)OLR329
P.K. Misra, J.1. These two applications have been filed by opposite parties 1 to 4 for recalling the order dated 25-6-1999 in M. J..C. No. 525 of 1997 and for a direction staying the further proceedings before the Arbitrator. The aforesaid M..J. C. had been filed by petitioner Purnachandra Jena (hereinafter referred to as the 'Contractor') under section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter called the 'Act'), for appointment of Arbitrator,2. The relevant facts and circumstances are as follows After issuance of notice on 8-5-1998, the case was listed on 16-4-1999, on which date the case was adjourned by three weeks and thereafter the case was again adjourned till after the Summer Vacation. Subsequently, on 25-6-1999, the following order , was passed by the then Acting Chief Justice :--'7. 25-6-1999. Heard. In view of the definite stand of petitioner that therewere extra items of work executed, clause-11, Proviso ofthe Agreement clearly applies to the facts of this...
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