Court : Orissa
Reported in : 101(2006)CLT192; 2005(II)OLR274
A.S. Naidu, J.1. The petitioner, an erstwhile employee of the Orissa Legislative Assembly, has filed this Writ Petition inter alia challenging the Office Order dated 24.6.2003 (Annexure- 5) retiring him from Government service retrospectively with effect from 30.11.2002 afternoon, as well as the order dated 18.9.2003 (Annexure-8) rejecting his representation dated 15.7.2003.2. It is submitted that the petitioner was originally appointed as a Chowkidar in the erstwhile CD. & P.R. Department of the Government of Orissa by order dated 21.10.1966 although it appears from his service book that he had joined service on 12.10.1966. Thus discrepancy prevailed as to the entries made in his service book from the very inception. In his service book the date of birth of the petitioner was recorded as 17.11.1946. The petitioner was subsequently appointed as the Orderly to the Deputy Speaker in the Secretariat of the Legislative Assembly in the year 1967. Dispute arose when the authorities received ...
Tag this Judgment!Court : Orissa
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...
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT404; [2006(109)FLR596]
A.S. Naidu, J.1. The Orissa Forest Development Corporation Limited has filed these Writ petitions, inter alia, assailing the Awards dated 8th February, 1995, Vide Annexure-4 to the respective Writ Petitions passed by the Labour Court, Bhubaneswar in I.D. Case. Nos. 116, 118, 121, 122 of 1991. As the common questions of law arise and the facts of all the cases are almost identical, all the Writ Petitions were heard together and are disposed of by this common judgment.2. Opp. Party No. 2 workmen, in all the Writ Petitions were admittedly engaged as Mates by the Divisional Manager, Orissa Forest Corporation Limited, Angul in the Timber Division of the Corporation which was then in the district of Dhenkanal. According to the workmen they had worked continuously during the period of employment till their services were terminated. They raised industrial disputes. Conciliation having failed , the Government in exercise of the powers conferred under Section 10, read with Section 12 of the Indu...
Tag this Judgment!Court : Orissa
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 ...
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT440; 2005(II)OLR285
A.S. Naidu, J.1. Fraud, collusion or misrepresentation nullify any order passed by any authority. The allegations of the petitioner in the present Writ Petition are to the same extent.2. The lands in dispute are situated in Mouza-Sindurpank in the district of Sambalpur. Certain dissensions cropped up inter se between the parties centering round the order passed by the Tahsildar in Mutation Case No. 1176 of 2003. It was alleged by the petitioner that on enquiry it was found that opposite party No. 1 had clandestinely obtained certain orders in his favour from the Tahsildar in consonance with the direction issued by the Consolidation authority in Consolidation Revision Case No. 291 of 2003 behind the back of the Petitioner. The aforesaid Consolidation Revision alleged to have been filed by opposite party Nos. 1 and 2 invoking jurisdiction of the Commissioner of Consolidation, Sambalpur under Section 37(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act...
Tag this Judgment!Court : Orissa
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...
Tag this Judgment!Court : Orissa
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...
Tag this Judgment!Court : Orissa
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...
Tag this Judgment!Court : Orissa
Reported in : [2005(107)FLR97]
A.S. Naidu, J.1. The Orissa State Co-operative Milk Federation Limited (for short 'OMFED') has filed this writ, application challenging the award dated 7th April, 1954 passed by the Presiding Officer, Labour Court, Bhubaneswar in Industrial Dispute Case No. 147 of 1992 directing reinstatement of the workman-opposite party No. 2 in service under the petitioner with full back wages.2. Opposite Party No. 2, Shri Bhanja Kishore Jena, was an employee under the petitioner OMFED. Alleging that he had been disengaged from service by the petitioner with effect from 14.3.1989 without following the mandatory requirements as stipulated under the Industrial Disputes Act, 1947, the said opposite party had raised an industrial dispute. Conciliation having failed as per the report of the Conciliation Officer-cum-Assistant Labour Commissioner, Bhubaneswar, the dispute was referred for adjudication to the Labour Court at Bhubaneswar by the State Government in exercise of power conferred upon it under Se...
Tag this Judgment!Court : Orissa
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...
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