Court : Orissa
Reported in : 2005(I)OLR593
P.K. Mohanty, J.1. The petitioners are serving as teachers in the Talcher Thermal High School and Primary Schools at Talcher Thermal in the district of Angul. The schools were owned and run by the Orissa State Electricity Board and ultimately upon vesting of T.T.P.S. in N.T.P.C., all educational institutions of T.T.P.S. were transferred to N.T.P.C. The petitioners and some others approached this Court in O.J.C. No. 13155 of 1998 alleging discrimination meted out to them by Office Order dated 21.8.1998 with regard to pay scale, allowances, benefits and other terms and conditions of service, more specifically, Clause 1.2.1. of the Office Order. This Court, by order dated 5.3.1999, disposed of the writ application in the following terms :'In view of the aforesaid position, we direct that necessary rules and regulations be framed by NTPC keeping in view the prescriptions in Section 11 of the 1994 Act, as accepted in the counter affidavit filed by it. Such action be taken within three month...
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR312
A.K. Samantray, J.1. The appellant calls in question the judgment and order dated 2.6.2004 passed by the learned Addl. Sessions Judge, Rayagada, convicting him under Section 302, I.P.C and sentencing him to imprisonment for life in Sessions Case No. 13 of 2002 arising out of Tikir P.S. Case No. 41 of 2001.2. The factual backdrop, which resulted in the trial of the appellant (hereinafter called as 'Accused') in the aforementioned Sessions Case, may be stated as follows :On 14.10.2001 at about 4.00 P.M. the informant Kailash Jhadia while in his paddy field, got information about murder of his father-in-law Bada Govinda Jhadia (hereinafter referred to as 'Deceased') and immediately rushed to the village and found the deceased lying dead on the backside of the street of Sana Govinda Jhadia. The informant ascertained from his wife and Ors. and was informed by them that on the same day at about 3.30 P.M. when the deceased was standing on the road near about his cow-shed, at that time the acc...
Tag this Judgment!Court : Orissa
Reported in : III(2005)ACC458; 99(2005)CLT726
L. Mohapatra, J.1. This appeal is directed against the Judgment dated 30th June, 1992 passed by the Second Motor Accident Claims Tribunal, Northern Division, Sambalpur in Misc. (A) Case No. 220 of 1989 (K).2. The widow, sons and daughters of the deceased Karam Singh had filed the claim petition for payment of compensation of Rs. 6,00,000/-(Rupees six lakhs). It is alleged in the claim petition that on 30th June, 1989 at about 3.00 P.M. the deceased was going from Barbil to Jamda by scooter Bearing No. BRS 7695. Near Balkundi Chhak the offending bus bearing Registration No. ORJ 6601 coming from the opposite direction at very high speed in a rash and negligent manner moved to its extreme right and collided with the scooter. Because of the said accident, the deceased fell down on the ground and sustained severe injuries on his head and other parts of the body. The deceased was shifted to Chaibasa Government Hospital where he succumbed to the injuries. The owner of the offending vehicle fi...
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR237
L. Mohapatra, J.1. W.P. (C) No. 5584 of 2003 has been filed against the order dated 9.1.2002 passed by the Commissioner, Land Reforms and Settlement, Orissa, Cuttack, in R.P. No. 9043 of 2001 directing the Settlement Officer to treat the revision petition filed under Section 32 of the Act as an appeal under Section 22 and decide the case on merit after notice to the parties.2. This Court in the above case by order dated 6.6.2003 directed stay of further proceedings in Appeal Case No. 257 of 2002 pending before the Settlement Officer, Puri. The said interim order was extended again on 28.7.2003. However, when the matter was taken up on the next date i.e. 27.10.2003 no order was passed by this Court extending the interim order. In view of the above, the Settlement Officer proceeded with hearing of the appeal and disposed of the same by order dated 29.8.2003. The said order passed by the Settlement Officer in Appeal Case No. 257 of 2002 has now been challenged in W. P. (C) No. 405 of 2004...
Tag this Judgment!Court : Orissa
Reported in : [2005(105)FLR50]; (2005)IILLJ101Ori; 2005(I)OLR264
A.S. Naidu, J. 1. The petitioner-workman challenges the Award dated August 19, 1993 passed by the Presiding Officer, Labour Court, Jeypore in I.D. Case No.44/92. The petitioner asserts that he was appointed as a Correspondent in the establishment of Eastern Media Limited, Bhubaneswar in August, 1986. He was receiving a salary of Rs.400.00 per month and besides that he was enjoying other emoluments and was also permitted to avail scooter loan. But then without any rhyme or reason he was retrenched from his service by the management with effect from December 1, 1999. Being aggrieved by such illegal action he raised a dispute under the Industrial Disputes Act. After conciliation failed, the State Government in exercise of its power conferred under it under Sections 10 and 12 of the Act, referred the following dispute to the Presiding Officer, Labour Court, Jeypore for adjudication:'Whether the retrenchment of Shri Dillip Chawda, Correspondent with effect from December 1, 1991 by the Manag...
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori188; 99(2005)CLT201
M.M. Das, J.1. This appeal has been preferred by the defendants in a suit for damages and compensation filed by the respondents on account of death of one Sriram Sa. The respondents as plaintiffs filed Money Suit No. 60 of 1990 along with an application under Order XXXIII, Rule 1, CPC for leave to sue as an indigent person. The said application being allowed by Order dated 29.4.1997, the Money Suit was re-numbered as M.S. No. 19 of 1997 in the Court of the Civil Judge (Senior Division), Bblangir.2. The plaintiffs case was that on 19.12.1989 at about 11 A.M. the deceased who was the husband of Plaintiff No. 1 and father of Plaintiff No. 2 while working in paddy field in village Arjunda, came in contact with the stay-wire supporting the electric pole. The said electric pole was with respect to high-tension electric line drawn from Dumerbahal electric sub-station. The stay-wire being charged with electricity, the deceased coming in contact with the said wire was electrocuted and died at t...
Tag this Judgment!Court : Orissa
Reported in : 2006ACJ2126; 99(2005)CLT279
M.M. Das, J.1. This appeal by the insurer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') is directed against the judgment and award dated 18.10.2000 passed by the Commissioner for Workmen's Compensation-cum-Asst. Labour Commissioner, Cuttack, in W.C. Case No. 862-D of 1998.2. Respondent No. 1 -Saroj Kumar Swain sustained grievous injuries, such as, fracture of femur bone of his left leg, fracture of mandible bone and bleeding injuries on the face and other parts of the body in a motor vehicle accident, when he was traveling in a truck bearing Registration Number OR-05-B-4331 on 16.10.1995 in between Cuttack and Panikoili. He filed a claim for compensation under the Act, before the Commissioner for Workmen's Compensation bearing W.C. Case No. 862-D of 1998. Respondent Nos. 2 and 3 and the appellant were the Opp. Parties in the said case. All the Opp. Parties filed their respective written statements. Respondent No. 2 M/s. Trupti Drinks Pv...
Tag this Judgment!Court : Orissa
Reported in : I(2007)ACC395
M.M. Das, J.1. This appeal by the insurer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act)' is directed against the judgment and award dated 18.10.2000 passed by the Commissioner for Workmen's Compensation-cum-Asstt. Labour Commissioner, Cuttack, in W.C. Case No. 862-D of 1998.2. Saroj Kumar Swain, respondent No. 1, sustained grievous injuries, such as, fracture of femur bone of his left leg, fracture of mandible bone and bleeding injuries on the face and other parts of the body in a motor vehicle accident, when he was travelling in a truck bearing registration No. OR 05-B 4331 on 16.10.1995 in between Cuttack and Panikoili. He filed a claim for compensation under the Act, before the Commissioner for Workmen's Compensation bearing W.C. Case No. 862-D of 1998. Respondent Nos. 2 and 3 and the appellant were the opposite parties in the said case. All the opposite parties filed their respective written statements. Trupti Drinks Pvt. Ltd., respo...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT405; 2005(I)OLR273; [2005]141STC103(Orissa)
A.K. Patnaik, J.1. The petitioner manufactures bulk premix and bulk explosives at its factory at Kalunga in District Sundargarh in the State of Orissa. The petitioner also has branches at other places in the State of Orissa. Accordingly, the petitioner is registered as a dealer under the Orissa Sales Tax Act, 1947 (for short, 'the Act') and the Orissa Sales Tax Rules, 1947 (for short, 'the Rules') with the Sales Tax Officer, Rourkela-II Cirecle, Panposh, the Sales Tax Officer, Dhenkanal Circle, Angul, the Sales Tax Officer, Sambalpur-IIE Circle, Jharsuguda and the Salex Tax Officer, Sambalpur-I Circle, Sambalpur. By Notification dated 5.5.2000 the Commissioner of Sales Tax, Orissa, Cuttack, has allowed the petitioner to file one consolidated return in respect of its businesses in all its branches in the State of Orissa before the Salex Tax Officer, Rourkela-II Circle, Panposh (now Assistant Commissioner of Sales Tax, Sundargarh Range, Rourkela (Assessment) with effect from 1.4.2000. Fo...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT389
A.K. Patnaik, J.1. The petitioner was a licencee in respect of three I.M.F.L. 'OFF' shops in the district of Balasore for the years 1997-98, 1998-99 and 1999-2000. For each of the three shops, an agreement was executed between the petitioner and the Collector, Balasore which, inter alia, provided that the petitioner will sell a Minimum Guaranteed Quantity (for short, 'MGQ') per month. The petitioner submitted a representation dated 5.12.2000 for reduction of MGQ for the said three shops and by Order dated 26.4.2002 the Government of Orissa in the Excise Department allowed a reduction of 20% on the existing MGQ for the three shops for the years 1997-98,1998-99 and 1999-2000. Pursuant to the said Order dated 26.4.2002 the petitioner has been asked to deposit arrear Government revenue amounting to Rs. 59,79,401/-towards short-drawn MGQ of IMFL and Beer for the aforesaid three shops during the years 1997-98 to 1999-2000 by a demand notice dated 22.7.2003 issued by the Superintendent of Exc...
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