Orissa Court November 2005 Judgments
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Biralal Sharma Vs. Managing Director, Mahanadi Coal Fields Ltd. and or ...
Court: Orissa
Decided on: Nov-18-2005
Reported in: 2008(I)OLR392
A.K. Samantaray, J.1. The petitioner has come with this writ petition for quashing the notice of superannuation vide letter No. MCL/OA/OC.3/SOM/Retirement/04/2738 dated 8.11.2004 and change of his date of initial entry into service from 1.1.1973 to 20.2.1968 and date of birth from 2.5.1945 to 23.7.1948.2. The grievance of the petitioner and his case as presented in this writ petition are that the petitioner originally belonged to village Dutta Pukur under Barasat Police Station in the District of 24-Praganas of West Bengal and he was born on 23.7.1948. The father of the petitioner was working as a security guard of the market yard and after his birth his horoscope was prepared showing his date of birth as 23.7.1948 and since the time of his birth was during the post partition period there was uncertainty and tension in the locality of West Bengal and as such the petitioner was given admission in the local school little late and after completing Class-VII while he was reading in Class-V...
Dwijabar Bhuyan Vs. Konark Television Ltd. and anr.
Court: Orissa
Decided on: Nov-18-2005
Reported in: 2006(I)OLR144
A.K. Samantaray, J. 1. In this writ petition under Article 226 of the Constitution of India the petitioner has challenged his order of termination from services, passed on 15th March, 1996 by the Disciplinary Authority (Annexure-6), and has come with prayer to quash the same on the ground that the charge levelled against him is totally baseless and without any material on record, the Enquiry Officer found him guilty of the same and the Disciplinary Authority passed the order vide Annexure-6 concurring with the finding, which is neither logical nor rational.2. The back ground of facts, in a nutshell, are as follows :-The petitioner joined in Konark Television Limited, a Government of Orissa undertaking in the year 1974 as a Radio Wirer. In the year 1990, he was promoted to the post of Technical Officer and was posted at Sambalpur. Subsequently, he was transferred to Berhampur Sales & Service Centre and worked as such there from 2.2.1990 to 30.12.1990. He being a Technical Officer, was m...
Ranjana Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-18-2005
Reported in: 2006(I)OLR205
A.K. Samantaray, J.1. In this writ petition the petitioner has prayed for quashing the order dated 13.11.98 (Annexure-15) passed by the Director, Elementary Education, Orissa (O.P. No. 2) rejecting the proposal for according approval to the appointment of the petitioner, Assistant Teacher of Bagalpur U.P. (M.E.) School and directing the opposite parties, specifically O.P. No. 2, to approve her appointment as Asst. Teacher of the said Educational Institution from the date of her appointment i.e. 5.10.1989 as against the sanctioned post of Asst. Teacher.2. The case of the petitioner is that she is' continuing as an Asst. Teacher of Bagalpur U.P. (M.E.) School with effect from 5.10.1989 and the school was receiving Grant-in-aid right from the year of its establishment in the year 1928. The said educational institution is having four classes starting from Oriya Medium Class-IV to Class-VII. As per the prescriDed yardstick prevalent the school was having five teachers i.e. one Headmaster an...
Divisional Manager, Oriental Insurance Co. Ltd. Vs. Vinod Kumar Singh ...
Court: Orissa
Decided on: Nov-18-2005
Reported in: 101(2006)CLT250; [2006(109)FLR269]
M.M. Das, J.1. The Insurer as appellant has preferred this appeal against the Award dated 8.5.2003 passed in W.C. Case No. 14 of 2002 by the Assistant Labour Commissioner & Commissioner for Workmen's Compensation, Rourkela.2. The facts giving rise to this appeal at the behest of the Insurance Company briefly narrated are as follows :The claimant-respondent No. 1 filed W.C. No. 14 of 2002 before the Assistant Labour Commissioner and Commissioner for Workman's Compensation, Rourkela claiming a compensation of Rs. 2.00 lakhs due to the injuries sustained by him in a vehicular accident. According to the claimant, on 22.3.2002 at about 11 P.M. while he was driving the vehicle (Truck) bearing registration number DL-IGB-1851, the said vehicle met with an accident near T.C.I. Chouk over-bridge. As a consequence, he sustained grievous multiple injuries and fracture in his left leg. The claimant sustained the said injuries, which arose out of and in course of his employment. After the accident, ...
National Insurance Co. Ltd. Vs. Bidashi Kalo and ors.
Court: Orissa
Decided on: Nov-18-2005
Reported in: 2007ACJ941
M.M. Das, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 preferred by the insurance company against an interim award made in favour of respondent Nos. 1 and 2 by the Commissioner for Workmen's Compensation directing payment of Rs. 50,000.2. The Workmen's Compensation Case No. 7 of 1999 has been filed by the legal representatives of the deceased Angada Kalo (respondent Nos. 1 and 2) claiming compensation of Rs. 2,00,000, before the Workmen's Compensation Commissioner-cum-Asst. Labour Commissioner, Sambalpur. During the pendency of the said case, respondent Nos. 1 and 2 filed application under Section 140 of the Motor Vehicles Act, 1988 for grant of interim compensation under no fault liability in their favour. The Commissioner by the impugned order dated 24.7.99 taking into consideration the documents filed on behalf of respondents-claimants and after hearing the parties has directed the appellant insurer to deposit Rs. 50,000 as interim compensation und...
Smt. Indu Dhawan Vs. Smt. Bhanupriya Naik @ Bhanupriya Khuntia and ors ...
Court: Orissa
Decided on: Nov-17-2005
Reported in: 2006(I)OLR141
A.S. Naidu, J.1. The common order dated 3rd February, 1999, Annexure-4, passed by the 2nd MACT, Cuttack in MJC Nos.3 of 1994 and 4 of 1994 is assailed in these two Writ applications.2. Bereft of unnecessary details, the short facts leading to filing of these two Writ applications are that in a motor vehicle accident caused by a truck bearing registration No. ORC 7319, one Parsuram Nayak sustained grievous injuries and succumbed to the same. On the basis of two claim petitions filed, under Section 110-A of the Motor Vehicles Act, one by the widow of the deceased, and the other by the widowed mother and sister of the deceased, two Misc. Cases being numbered as 622 of 1987 and 103 of 1988 were registered before the 2nd MACT, Cuttack. The present petitioner being the owner of the offending truck was impleaded as a party in the said two Misc. Cases before the Tribunal and so also the New India Assurance Company, the insurer of the said vehicle. During pendency of the Misc. Cases, the husban...
indu Dhawan (Smt.) Vs. Bhanupriya Naik @ Bhanupriya Khuntia and ors.
Court: Orissa
Decided on: Nov-17-2005
Reported in: I(2007)ACC271
A.S. Naidu, J.1. The common order dated 3rd February, 1999, Annexure 4, passed by the 2nd M.A.C.T., Cuttack in M.J.C. Nos. 3 of 1994 and 4 of 1994 is assailed in these two writ applications.2. Bereft of unnecessary details, the short facts leading to filing of these two writ applications are that in a motor vehicle accident caused by a truck bearing registration No. ORC 7319, one Parsuram Nayak sustained grievous injuries and succumbed to the same. On the basis of two claim petitions filed under Section 110A of the Motor Vehicles Act, one by the widow of the deceased, and the other by the widowed mother and sister of the deceased, two miscellaneous cases being numbered as 622 of 1987 and 103 of 1988 were registered before the 2nd M.A.C.T., Cuttack. The present petitioner being the owner of the offending truck was impleaded as a party in the said two miscellaneous cases before the Tribunal and so also the New India Assurance Company, the insurer of the said vehicle. During pendency of t...
Sahoo Chemicals, Represented by Sandip Sahu Vs. Orissa State Financial ...
Court: Orissa
Decided on: Nov-16-2005
Reported in: AIR2006Ori57; 101(2006)CLT83
P. K. Mohanty, J.1. The petitioner has filed this Writ Application to quash Annexure-10, the sale order dated 23.2.1994 and Annexure-7, seizure of the petitioner's unit under Section 29 of the State Financial Corporation Act.2. The factual aspects of the case are almost admitted so far as the petitioner's loan and non-payment thereof is concerned. It appears from Annexure-6 dated 7.11.1992, the letter of the petitioner addressed to the Branch Manager, Orissa State Financial Corporation, Rourkela Branch, that possession of the unit 'Sahoo Chemicals', manufacturing sodium silicate, B-2, Industrial Estate, Rourkela-4 along with land, building, shed and other constructions along with a list of equipments and current assets was handed over to the State Financial Corporation with a request to sell the unit along with the equipments etc. at a competitive and reasonable price acceptable to it. The advertisement for sale of the unit was published in newspaper 'The Prajatantra' dated 27.10.1992....
Mr. Bhaskar Bhatt (Manager Director) Titan Industries Limited Golden E ...
Court: Orissa
Decided on: Nov-14-2005
Reported in: AIR2006Ori55; 101(2006)CLT373; 2006(1)OLR40
L. Mohapatra, J.1. The petitioners in this revision challenge the legality of the order dated 25.1.2005 passed by the learned District Judge, Khurda in Arbitration P. Misc. Case No.28 of 2004 holding that it has jurisdiction to entertain the application.2. From the impugned order, it appears that the opposite party filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') before the learned District Judge, Khurda. After appearance, the petitioners raised preliminary objection with regard to jurisdiction of the Court in entertaining such an application in view of Clause 26 of the agreement entered into between the parties which, according to the petitioners, excludes the jurisdiction of the other Courts except the Courts in Bangalore. The learned District Judge after hearing the learned counsel for the parties and on consideration of the said clause held that the jurisdiction of the Court at Bhubaneswar is not excluded and ...
State of Orissa and ors. Vs. Larsen and Toubro Limited
Court: Orissa
Decided on: Nov-14-2005
Reported in: AIR2006Ori45
L. Mohapatra, J.1. This appeal is directed against the judgment dated 27-7-2004 passed by the learned District Judge, Khurda at Bhubaneswar in Arbitration M.J.C. No. 130 of 2002 rejecting the application filed by the appellants under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called as the 'Act').2. A contract was executed on 30-8-1992 between the parties in respect of three packages for the work 'Strengthening and Widening of Sambalpur-Rourkela Road 0.0 km. To 162.931 km'. In view of three separate packages three separate contracts were executed. The present dispute relates to package No. S.3 and value of the said contract is Rs. 49,31,95,155.00. Date of commencement of the work was 20-10-1992 and the same was to be completed within 48 months from the date of commencement. The agreement contained an Arbitration Clause. Undisputedly though the contract work was to be completed within 48 months, the same was completed after 53 months and extension of time had ...
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