Orissa Court March 2004 Judgments
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Chief Executive Officer, Essar Oil Ltd. Vs. Prakash Kumar Raul and anr ...
Court: Orissa
Decided on: Mar-08-2004
Reported in: 97(2004)CLT502
B.P. Das, J.1. The petitioner, a public limited company, has filed this writ petition under Articles 226 and 227 of the Constitution of India challenging the legality and validity of the order dated 19.8.2002 passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court at Bhubaneswar, (hereinafter called 'the Labour Court') in Tr. I.D. Case No. 330 of 2001 deciding two preliminary issues and finding that O.P. No. 1 is a workman within the meaning of the Industrial Disputes Act, 1947 ('the Act' hereinafter) and that since the cause action arose within the State of Orissa, the Labour Court at Orissa had jurisdiction to answer the reference made by the appropriate Government, i.e., the Government of India (Ministry of Labour).2. The short facts necessary for decision in the present writ petition may be stated thus :The petitioner, which is a public limited company having its registered office at Mumbai in the State of Maharashtra, is engaged in oil exploration ...
Sarat Chandra Panda Vs. Chief Executive Officer, Cesco and anr.
Court: Orissa
Decided on: Mar-04-2004
Reported in: 97(2004)CLT706; (2004)IIILLJ518Ori; 2004(I)OLR415
ORDER1. Though this matter was listed today for orders, with the consent of the learned counsel for the parties, it is taken up for final disposal.2. Heard Mr. Pattanayak, learned counsel for the petitioner and Mr. Nanda, learned counsel for the opposite parties.3. The petitioner calls in question, the impugned order of punishment in a disciplinary proceeding, giving him compulsory retirement from service.4. The petitioner was serving as a Junior Engineer (Electrical) at Nirakarpur Electrical Section in the district of Khurda, when a departmental proceeding was initiated on 13.11.1997 on the allegation of showing undue favour to a consumer in giving service connection without a meter, collection of unauthorised money from consumers for personal gains at the cost of the Company, negligence in duty, disobedience of orders of higher authorities and misconduct. The proceedings continued, charges were served, petitioner submitted his explanation denying all charges. An enquiry officer was a...
Rabindra Nayak Vs. State of Orissa
Court: Orissa
Decided on: Mar-03-2004
Reported in: 2004(I)OLR534
P.K. Tripathy, J. 1. Heard. 2. Appellant as the principal accused faced the prosecution in Sessions Trial No. 200/33 of 1994 in the Court of Addl. Sessions Judge, Bargarh. He (appellant) along with his father Pandab Nayak were prosecuted on the charge framed for the offences under Sections 302, 201/34 I.P.C. While acquitting the co-accused Pandab Nayak, trial Court convicted the appellant and sentenced him to undergo imprisonment for life for the offence under Section 302 I.P.C. However, the appellant was acquitted for the offence under Section 201/34 I.P.C. 3. Bansidhar Bhoi, the deceased (hereinafter described as such) while working as forest guard in Pahadasirgida Beat was discovered dead due to ante mortem injuries caused by sharp cutting weapon like axe. On the basis of information lodged by the Forest Ranger, the O.I.C., Attabira Police Station took up investigation and after completion of investigation submitted charge sheet against the petitioner and his father. Prosecution cas...
Steeloflex Engineers (P) Ltd. and ors. Vs. Uco Bank
Court: Orissa
Decided on: Mar-03-2004
Reported in: I(2005)BC115; 2004(I)OLR604
A.K. Patnaik, J.1. The opp. party-UCO Bank filed an application under the Recovery of the Debts Due to Banks and Financial Institutions Act, 1993 (in short 'the Act') numbered as O. A. No. 215 of 2001 in the Debts Recovery Tribunal CuttaCk (in short 'the Tribunal') for recovery of outstanding dues against the three petitioners. The case of the opp. party-Bank before the Tribunal was that the bank sanctioned a cash credit limit of Rs. 17 lakhs and bill purchase limit of Rs. 10 lakhs and Bank guarantee limit of Rs. 50 lakhs in favour of the petitioner No. 1 and the petitioner Nos. 2 and 3 executed letters of guarantee for the cash credit limit of Rs. 17 lakhs and bill purchase limit of Rs. 10 lakhs. On behalf of the petitioner No. 1, the petitioner Nos. 2 and 3 also executed a letter of hypothecation of goods for Rs. 17 lakhs and letter of hypothecation of movable plant and machinery for Rs. 77 lakhs and an agreement for bill purchase of Rs. 10 lacks, and total sum of Rs. 46,02,380.56 p....
Surendra Nath Behera Vs. State
Court: Orissa
Decided on: Mar-03-2004
Reported in: 2004(I)OLR609
P.K. Tripathy, J. 1. This appeal has been preferred challenging to the judgment and conviction order under Section 302, I.P.C. delivered by the Sessions Judge, Balasore on 15.7.1992 in Sessions Trial No. 141 of ,1991. 2. The Criminal Appeal stands disposed of by modifying the sentence of imprisonment for life for the offence under Section 302, I.P.C. to imprisonment for a period of ten years for the offence under Section 304, I.P.C. for the reasons indicated below. 3. Accused/appellant being booked for matricide, was charged for the offence under Section 302, I.P.C. on the following facts projected by the prosecution. Appellant is the youngest son of Bhikari Behera (P.W.No.5) and Mushimani Behera (deceased). Appellant has four elder brothers and three sisters. All of them are married. The brothers are serving outside the native village i.e., village Tentulia under Berhampur Police Station in the district of Balasore. By the date of occurrence, i.e. 5.7.1991 the deceased was of the age ...
Sri Biswambhar Acharya Vs. State Bank of India and 2 ors.
Court: Orissa
Decided on: Mar-02-2004
Reported in: IV(2004)BC426; 97(2004)CLT408; 2004(1)CTLJ627(Ori)
ORDER1. This is an application for a direction to opposite party No. 1 (respondent No. 1 in R.F.A. No. 51 of 2003) to release the STDRs with and/or the interest due on the STDRs.2. Heard Mr. V. Prithviraj, learned counsel for the appellant and Mr. Das appearing for the respondent-opposite party No. 1 and Mr. P. Chhinchani appearing for respondent Nos. 2 and 3-Opposite party Nos. 2 and 3.3. Respondent No. 1 filed T.M.S. No. 5 of 2000 in the Court of the learned Civil Judge, Senior Division, Koraput against the appellant and respondent Nos. 2 and 3 for recovering a sum of Rs. 3,99,940/-. The case of the respondent No. 1 is that respondent No. 2 enjoyed cash credit limit and the appellant and respondent No. 3 stood guarantors for the same and since the dues in the cash credit account totalling to Rs. 3,99,940/- were not repaid, respondent No. 1 Bank was entitled to set off the proceeds of the following Special Term Deposits of the appellant.Particulars of the Special Term Deposits Initial...
Project Officer, Jagannath Colliery Vs. Sri K.B. Dhar
Court: Orissa
Decided on: Mar-02-2004
Reported in: III(2004)ACC257; 97(2004)CLT523
M. Papanna, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 is against the judgment by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, (Dhenkanal), Angul in W.C. Case No. 44 of 1997.2. Facts of the case leading to the appeal are delineated as below :On 11.2.1997 at about 12.50 P.M. while the applicant was going to duty he received a blunt injury on his head due to fall of a check post bar erected by the appellant. Since the injury sustained by him arose out of and in due course of his employment, the applicant filed W.C. Case No. 44 of 1997 before the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, (Dhenkanal), Angul claiming compensation from the appellant.3. The appellant filed his written statement resisting compensation claimed by the applicant on the ground that on 11.2.1997 he was on sick leave for which he is not entitled to any compensation from the appellant. Moreover, the Company Doctor has ce...
Nalinikanta Muduli Vs. State of Orissa
Court: Orissa
Decided on: Mar-02-2004
Reported in: 2004CriLJ3601; 2004(I)OLR402
M. Papanna, J. 1. Petitioner-Nalinikanta Muduli has filed this petition under Section 482 Cr.P.C. for quashing of F.I.R. No. 43 of 2000 basing on which Bhubaneswar Vigilance P.S. Case No. 43/2000 was registered against him and his father Bichitrananda Muduli under Section 120-B/420/468/471, I.P.C. and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short 'P.C. Act'). 2. Facts of the case are like this : Petitioner-Nalinikanta Muduli is one of the trustees of Naba Pravat Trust at Bhubaneswar. The said Trust runs Nilachala Poly Technic and Nilachal Institute of Computer Science. It is alleged that the petitioner has obtained Super Class and Special Class Contractor's licence fraudulently. Subsequently the same was renewed. The petitioner swore an affidavit before Notary Public, Bhubaneswar on 4.7.1997 declaring his educational qualification as Civil (B). Bhubaneswar Vigilance P.S. Case No. 25/2000 was registered against petitioner's father Bichitra...
Umakanta Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-01-2004
Reported in: 97(2004)CLT709
P.K. Mohanty, J.1. The petitioner has approached this Court with the following prayer :'Therefore, it is prayed that this Hon'ble Court would graciously be pleased to issue Rule Nisi calling upon the opposite parties to show cause as to why the order at Annexure- 6 shall not be quashed and if the opposite parties failed to show cause or show insufficient or false cause make the Rule Nisi absolute and allow this writ petition with cost and any other relief or reliefs this Hon'ble Court deems fit and proper and for which act of your kindness the petitioner shall as in duty bound ever pray.'2. The petitioner claims to have been working as a part time Lecturer in I.T.T. Choudwar from 3.1.7.1998 and lastly by order dated 2.7.2003 in Memo No. 2058, the petitioner was appointed for a period of one year on contractual basis. On the apprehension that the Principal of the College may terminate the services of the petitioner pursuant to the order of the State Administrative Tribunal in Original A...
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