Orissa Court June 2005 Judgments
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Smt. Rebati Rout Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-20-2005
Reported in: 100(2005)CLT509
A.S. Naidu, J1. The order dated 9.8.1994 (Annexure-4) passed by the Addl. Commissioner of Settlement and Consolidation, Orissa Bhubaneswar in Revision Case Nos. 295-299 of 1998 confirming an order passed by the Consolidation Officer, Kheranga in the district of Balasore in Objection Case Nos. 225-229 of 1991 and 190 of 1990 setting aside the order dated 16.4.1993 passed by the Deputy Director of Consolidation in Appeal Case Nos. 42-46 of 1999 is assailed in this Writ application invoking jurisdiction of this Court under Articles 226 & 227 of the Constitution of India.2 Petitioner Rebati Rout claiming to be the daughter of one late Dasarathi Rout put forth her claim on the disputed land which stood recorded in favour of Dasarathi Rout along with his co-sharers in the Major Settlement After the Mouza in question came within the fold of consolidation operation in consonance with the notification issued under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act,...
Gunanidhi Senapati Vs. Director of Indian Medicine and Homoeopathy and ...
Court: Orissa
Decided on: Jun-20-2005
Reported in: AIR2005Ori156; 2005(II)OLR560
ORDERA.S. Naidu, J.1. The petitioner took admission in the four-year course of Diploma in Homoeopathic Medicine and Surgery (for short DHMS) in the Utkalmani Homeopathic Medicine College and Hospital, Rourkela in the academic session 1978-79. He appeared in the Final DHMS, Part-II Examination in the year 1983, but could not clear the same in two subjects, i.e. Practice and Medicine, and Obstetrics and Gynaecology. In consonance with the Homeopathic Regulations, 1972, he again appeared in examination of the aforesaid two subjects in June, 1984 and was declared to have passed the same. Thereafter he completed the six months' mandatory houseman-ship training and was issued certificate to that effect. After obtaining the Diploma, he registered his name as a Homeopathic Practitioner in consonance with the Orissa Homeopathy Act, 1956 and was assigned the registration number C/859 and was also granted a licence as a registered Homeopathic Practitioner. Thereafter he applied for being engaged ...
Smt. Laxmipriya Sahoo, Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-20-2005
Reported in: AIR2005Ori174; 100(2005)CLT378; 2005(II)OLR512
A.S. Naidu, J.1. The facts and points of law involved in all the Misc. Cases being same all the Misc. Cases were heard and are disposed of by this common judgment.2. The petitioners have filed the aforesaid first appeals challenging the judgments and decrees dated 30th September 2000, 19th September 2002 and 26th September 2002 respectively passed by Civil Judge (Senior Division), Bhubaneswar in T. S. No. 246 of 2000 and T. S. Nos. 245 & 249 of 2000. The prayer in the aforesaid suits was for declaration of tight, title and interest of the plaintiff-petitioners over the suit lands by adverse possession. Admittedly, the lands in dispute appertaining to General Administration Department Plot No. 2292 measuring AO.2.593 decs were Government lands. The General Administration Department allotted the said lands for Industrial purposes to different applicants by executing lease deeds. Opposite Parties 4 & 5 are among such applicants, in whose favour lease deeds have been executed by the Govern...
Dr. Baburam Singh and ors. Vs. Orissa University of Agriculture and Te ...
Court: Orissa
Decided on: Jun-20-2005
Reported in: 2005(II)OLR537
A.S. Naidu, J. 1. The petitioners are employees of the Orissa University of Agriculture and Technology, Bhubaneswar (for short OUAT). They have approached this Court being aggrieved by the Office Order dated 17th March, 2000 (Annexure-4) issued by the opposite party University imposing market rent/penal rent on them for different periods of their occupation of official quarters by them in consonance with the allotment orders.2. According to the petitioners, in consonance with the Orissa University of Agriculture and Technology Employees' (Conditions of Service) Statute, 1989 as well as other guidelines, quarters befitting the status of the petitioners were allotted to them at Bhubaneswar where they were posted. In course of their service the petitioners were transferred to several outlying Research Stations. After serving there, they were again brought back to their original places of posting at Bhubaneswar. They were entitled to retain the quarters allotted to them at Bhubaneswar and,...
Nilachal Service Station Vs. Presiding Officer, Labour Court and anr.
Court: Orissa
Decided on: Jun-20-2005
Reported in: 2005(II)OLR565
A.S. Naidu, J. 1. An Industrial Dispute was raised by opposite party No.2-workman with regard to the propriety or otherwise of termination of his service by the Management of . Nilachal Service Station, the petitioner, in the present writ application. The said dispute was referred to the Labour Court by the State Government in exercise of powers conferred Under Section 12 read with Section 10 of the Industrial Disputes Act. The reference read as follows:-'Whether the termination of service of Shri Bhramabar Das by the Management of . Nilachal Service Station (Indian Oil Petrol Pump), Grand Road, Puri is legal and/ or justified If not to what relief Shri Das is entitled ?' The Labour Court by award dated 19th August, 1985, videAnnexure-1, answered the reference in favour of the workman and held that the termination of service of the workman by the Management of . Nilachal Service Station (Indian Oil Petrol Pump), Grand Road, Puri was illegal and unjustified. The Labour Court further hel...
Rabindranath Dikhit Vs. Padma Charan Samanta Singhar After Him Saila S ...
Court: Orissa
Decided on: Jun-20-2005
Reported in: 101(2006)CLT612; 2005(II)OLR491
A.S. Naidu, J. 1. The common order dated 26th March, 1991 (Armexure-5) passed by the Commissioner of Consolidation, Orissa, Bhubaneswar in Revision Case Nos. 1315, 1316, 1317 and 1318 of 1986 is assailed in this Writ application invoking jurisdiction of this Court under Articles 226 and 227 of the Constitution of India by petitioner Rabindranath Dixit claiming to be the President of the Block Congress Committee (1), Kakatpur.2. In course of hearing an application in the shape of a Misc.Case was filed by one Manguli Jena through his advocate for amendment of the cause-title of the Writ application inter alia stating that in the meanwhile petitioner Rabindranath Dixit who had filed the Writ application having been removed from the Presidentship of the Block Congress Committee (I), Kakatpur, and he (Manguli Jena) being in charge of the President is looking after the case, and the name of Rabindranath Dixit and/or his legal heirs substituted in his place in this Writ application be deleted...
S.R. Tamma Vs. I.D.L. Chemicals Ltd. and anr.
Court: Orissa
Decided on: Jun-20-2005
Reported in: 101(2006)CLT553; [2005(107)FLR99]
A.S. Naidu, J.1. This Writ Application has been filed challenging the order dated 19th July, 1999 (Annexure-4) passed by the Presiding Officer, Labour Court, Sambalpur in Misc. Case No. 13 of 1995.2. Bereft of unnecessary details the short facts necessary for effectual adjudication of the Writ Application are that the petitioner was appointed and working as a Senior Operator (Ribbon Blender) in the establishment of opposite party No. 1, the I.D.L. Chemicals Limited. As certain allegations were levelled against him the petitioner was put under suspension. A domestic enquiry was conducted and ultimately he was dismissed from service. The management of opposite party No. 1 filed a petition under Section 33(2)(b) of the Industrial Disputes Act, 1947 before the Industrial Tribunal, Sambalpur seeking approval of the dismissal order. The said petition was registered as I.D. Misc. Case No. 10 of 1983. The Tribunal after hearing both sides by order dated 31st January, 1987 came to the conclusio...
Orissa Forest Development Corporation and ors. Vs. Dhirendra Kumar Moh ...
Court: Orissa
Decided on: Jun-20-2005
Reported in: [2005(106)FLR1193]
A.S. Naidu, J.1. The Orissa Forest Development Corporation has filed this writ application, inter alia, challenging the award dated 25th March, 1996 passed by the Labour Court, Bhubaneswar in Industrial Dispute Case No. 278 of 1990. The said Industrial Dispute Case was raised on the basis of a petition filed by opposite party No. 1 - workman under Section 33-C(2) of the Industrial Disputes Act, 1947 inter alia claiming for computation of his monetary vines payable by the petitioner-management amounting to Rs. 30,615/- as more fully described in the annexure.2. According to opposite party No. 1 he was engaged as a workman under the petitioner-management and was discharging his work to the fullest satisfaction of all the authorities concerned. While mater stood thus, due to dissections which cropped up between the workman and the management, a departmental proceeding was initiated against him on certain allegations inter alia misappropriation of funds of the management. On the basis of a...
Management, Chief Engineer Transmission Project Grid Corporation of Or ...
Court: Orissa
Decided on: Jun-20-2005
Reported in: [2005(107)FLR102]
A.S. Naidu, J.1. Heard learned Counsel for the petitioner and learned Counsel for the opposite parties.The following dispute was referred to the Presiding Officer, Labour Court, Bhubaneswar by the State Government for adjudication;Whether the action of the Management of Chief Engineer, Transmission Project (GRIDCO) Bhubaneswar in terminating the services of Sri Sudhir Chandra Nayak, Sweeper with effect from 15.7.1998 is legal and/or justified? If not, to what relief Sri Nayak is entitled?2. According to the opposite party No. 3 workman, he was engaged by the Management of Chief Engineer, Transmission Project (GRIDCO) Bhubaneswar on a monthly consolidated remuneration of Rs. 600/- as a Sweeper with effect from 13.3.1994. He was also assigned the duty of Peon. His remuneration was subsequently enhanced to Rs. 750/- and thereafter to Rs. 12,000/- per month with effect from 23.6.1998. It is further averred that the workman was also allowed roster duty from 9.10.1997 to 12.10.1997 during Du...
Managing Director, Orissa State Co-operative Bank Ltd. Vs. Presiding O ...
Court: Orissa
Decided on: Jun-20-2005
Reported in: [2005(106)FLR1191]
A.S. Naidu, J.1. The State Government in exercise of the powers conferred upon it under Sections 10 and 12 of the Industrial Disputes Act referred the following dispute for adjudication to the Presiding Officer, Labour Court, Sambalpur.Whether the termination of Sri Bikram Naik, Ex-Peon by the management of Orissa State Co-op. Bank Ltd., Bhubaneswar vide Order No. 412 dated 30.5.1988 of the Assistant Engineer, Zonal Office, Orissa State Co-op. Bank Ltd., Bargarh with effect from 30.5.88 is legal and/or justified? If not, whether is he entitled to the scale of pay/wages prescribed for whether peons of the establishment with effect from the date of his appointment2. On the basis of the reference Industrial Dispute Case No. 14 of 1989 was registered. Both the parties appeared and filed their respective pleadings. They also adduced evidence, both oral and documentary, in support of their respective- stands. The contention of the workman was that though he was appointed as a Peon with effec...
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