Orissa Court March 2009 Judgments
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Prahallad Padhi Vs. Secretary, Department of Water Resource and 5 ors.
Court: Orissa
Decided on: Mar-31-2009
Reported in: 107(2009)CLT777
B.S. Chauhan, C.J.1. This Writ Petition has been filed seeking direction to the State authorities to put Opposite Party No. 5 under suspension and further to initiate disciplinary proceedings against him for ill-treating his domestic servant who committed suicide and in pursuance of the reporting made by the Petitioner, a criminal prosecution has been lodged against him.2. The facts and circumstances giving rise to this case are that the Petitioner claims himself to be a Pressman and a social activist and is publisher of a local Oriya newspaper in the name and style 'Saitan' at Patnagarh. He reported a news-item that a Class-IV ill-health employee was being harassed and exploited by his superior officer intentionally and deliberately. Therefore, due to exploitation the said employee committed suicide leaving a suicidal hand note. An FIR was lodged and Opposite Party No. 5 was arrested by the local police and was inside the custody for at least one week. However, no disciplinary proceed...
The Sub-divisional Officer, Balianta Canal Sub-division Vs. Sibaram Je ...
Court: Orissa
Decided on: Mar-31-2009
Reported in: [2009(121)FLR1045]; 2009(I)OLR793
M.M. Das, J.1. These two writ petitions arise out of the same industrial dispute case being I.D. Case No. 58 of 1995 and in both the writ petitions, the award passed in the aforesaid I.D. Case by the Labour Court, Bhubaneswar has been called in question.W.P.(C) No. 2725 of 2003 has been filed by the workman, whereas W.P.(C) No. 1303 of 2003 has been filed by the Management.2. A reference under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') was made to the Labour Court on failure of conciliation of the dispute between the workman and the Management. The question referred to the Labour Court was as follows:Whether the termination of services of Sri Sibaram Jena, daily rated watchman, by the Sub-Divisional Officer, Balianta Canal Sub-division, Balianta by way of refusal of employment with effect from 31.5.1992 is legal and/or justified If not what relief Sri Jena is entitled to?3. The case of the workman is that he was appointed as a Watchman under ...
Visa Steel Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-31-2009
Reported in: 107(2009)CLT857; 2009LC(NULL)512
A.S. Naidu, J.1. VISA Steel Limited, hereinafter to be called as 'VISA', in short, is a Company incorporated under the Companies Act, 1956 and has established an Integrated Steel Plant at Kalinga Nagar, Duburi in the district of Jajpur. The said Company, as Petitioner, has filed this Writ Petition assailing the order/direction dated March 23, 2007 issued by the Orissa Electricity Regulatory Commission, hereinafter to be called as 'OERC' increasing the electricity supply tariff by withdrawing the incentives given to the Petitioner's unit on the ground that the said decision was illegal, arbitrary and issued in gross violation of the direction/policy of the State Government. There is also a prayer to direct refund of all excess amount paid in excess of the bills that would have been generated if the tariff concession would have been allowed to continue.2. The scenario of facts reveals that Northern Electricity Supply Company of Orissa Ltd, hereinafter to be called as 'NESCO', in short, O...
Kasti Dalai Vs. State of Orissa
Court: Orissa
Decided on: Mar-31-2009
Reported in: 108(2009)CLT57
Pradip Mohanty, J.1. The Appellant in this appeal has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life in S.T. Case No. 60/10 of 2000 by the Addl. Sessions Judge, Jaipur.2. The prosecution case is that on 06.08.1999 at about 3.30 P.M. a pair of bullocks belonging to the accused-Appellant entered into the paddy field of the deceased and damaged the paddy crops. While the deceased was driving them to the kine house, the accused rushed to the spot and protested against such action of the deceased. There was an altercation between the deceased and the accused. In course of hot exchange of words, the accused dealt a lathi blow to the vital part of the deceased. As a result of such assault, the deceased fell down on the field. As it was rainy season, there was water in the field. The accused dipped the face of the deceased in the water for which his respiratory system stopped & the deceased died. Son of the deceased, P.W.1, reported the incident at Jajpur ...
The Management of Live Stock Breeding and Diary Farm Vs. Sri Prahallad ...
Court: Orissa
Decided on: Mar-31-2009
Reported in: 109(2010)CLT129
M.M. Das, J.1. The dispute involved in these Writ Petitions was before this Court in a series of Writ Petitions. The Opp. Party No. 1-workman, namely, Prahallad Barik in O.J.C. No. 3451 of 2002, being terminated by the Petitioner, the Management of Live Stock Breeding & Diary Farm, Cuttack (hereinafter referred to as the 'Management') raised a complaint/dispute. On failure of conciliation, a reference was made by the Government of Orissa in its Labour & Employment Department to the following effect:Whether the termination of service of Shri Prahallad Barik by the Management of Live Stock & Breeding Farm, Cuttack with effect from 24.12.1988 is legal and/or justified? If not, to what relief is Shri Barik entitled.2. The Petitioner - Management took a stand that the establishment in which the workman was working is not an industry &, therefore, the provisions of the Industrial Disputes Act, 1947 (for short, 'the Act') had no application. The Labour Court passed an award on 20.3.1992 on th...
Prafulla Kumar Behera Vs. State of Orissa and Five ors.
Court: Orissa
Decided on: Mar-30-2009
Reported in: 2009(I)OLR824
ORDERM.M. Das, J.1. Heard Mr. M.K. Das, learned Counsel for the petitioner and Mr. Patnaik, learned Counsel appearing for opp.party No. 5 as well as the learned Counsel for the State.2. The petitioner alongwith opp. parties 5 and 6 made applications for being appointed as Storage Agents pursuant to an advertisement made by the Government in Chhatrapur Block in the district of Ganjam justifying appointment of three Storage Agents as per the guidelines.3. Mr. Das, learned Counsel for the petitioner submits that when the petitioner made an application for appointment as Storage Agent, he has attached thereto his solvency certificate. After consideration of the said applications, the petitioner as well as opp. parties 5 and 6 were recommended by the Collector, Ganjam to be appointed as Storage Agents at Chhatrapur Block. The grievance of the petitioner is that even though Chhatrapur Block justifies appointment of three Storage Agents, the Orissa State Civil Supplies Corporation Ltd. appoin...
Gyanaranjan Pattnayak Vs. State of Orissa and anr.
Court: Orissa
Decided on: Mar-30-2009
Reported in: 2009CriLJ2885
ORDERB.K. Patel, J.1. The petitioner-accused has assailed in this revision the legality of the judgment and order passed by the learned Sessions Judge, Cuttack in Criminal Appeal No. 9 of 2008 confirming the judgment and order passed by the learned S.D.J.M. (Sadar), Cuttack in I.C.C. No. 890 of 2005, instituted by the opposite party No. 2-complainant, by which the petitioner has been convicted under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') and sentenced to undergo simple imprisonment for one year and to pay a sum of Rs. 4 lakhs to the complainant as compensation.2. Complainant's case, in brief, is as follows:Complainant and accused were good friends. During the month of May, 2004 accused, who is a Film Producer, requested the complainant to advance hand loan of Rs. 3 lakhs to meet his urgent needs. The complainant, who is a practising lawyer at Cuttack, accordingly, advanced hand loan of Rs. 3 lakhs on 2-7-2004 to the petitioner by withdrawin...
N.T.P.C. Ltd. and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-27-2009
Reported in: 107(2009)CLT619; [2009(121)FLR971]; (2009)IIILLJ539Ori
1. Heard further argument. Hearing is concluded and the Judgment is as follows.2. National Thermal Power Corporation Ltd. (In short 'N.T.P.C') through its General Manager, Petitioner No. 2 has filed this Writ Petition challenging the conciliation failure report, Annexure-1 and the reference Annexure-2 made under Section 10(1) read with Section 12(5) of the Industrial Disputes Act, 1947 (In short 'I.D. Act'). Petitioners have prayed to quash Annexures 1 and 2 and also to direct for disposal of Industrial Dispute Case No. 2 of 2007 in the file of Industrial Tribunal, Bhubaneswar accordingly.3. Talcher Thermal Power Station (in short, 'T.T.P.S.') was owned and managed by Orissa State Electricity Board (In short, 'Board'). By virtue of Section 3 of the Talcher Thermal Power Station (Acquisition and Transfer) Act, 1994 (In short, 'the Act, 1994'), the Thermal Power Station and the right, title and interest of the Board in relation thereto stood vested with the State Government. The said Sta...
Lilasons Breweries Limited and anr. Vs. Sujata Manjari Pati
Court: Orissa
Decided on: Mar-27-2009
Reported in: 2009CriLJ3265; 2009(I)OLR826
B.K. Patel, J.1. Petitioners, who are the accused persons in I.C.C. No. 11 of 1993 of the Court of learned S.D.J.M., Bhubaneswar instituted by the opposite party-complainant, have made prayer in this application under Section 482 Cr.P.C. to quash the order dated 12.3.2007 taking cognizance of offences under Sections 420 and 406 I.P.C. and issuing summons to the petitioners.2. Case of the opposite party-complainant is that accused No. 1 is a registered company engaged in manufacture and sale of breweries in the brand name of 'Khajuraho Super Strong Lager Beer: and accused No. 2 is the Managing Director of the Company. The company is situated and the opposite party No. 2 is residing at Bhopal in the State of Madhya Pradesh. They entered with an arrangement with the complainant by letter dated 24.12.2000 for the purpose of marketing and sales promotion of their product through the Orissa State Beverage Corporation. As per the arrangement, the complainant was to deposit Rs. 24 lakhs with t...
Paradeep Phosphates Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-27-2009
Reported in: 107(2009)CLT796
B.S. Chauhan, C.J.1. This Writ Petition has been filed for setting aside the order passed by the Special Land Acquisition Officer, MIP, Jagatsinghpur in favour of Opposite Party Nos. 2 and 3 making reference under Section 28A of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act').2. The facts and circumstances giving rise to this case are that a large track of area stood notified under the provisions of Section 4 of the Act on 30th June, 1982 (Annex.-1) including the land in dispute. Declaration under Section 6 of the Act was made in respect of the said area including the land involved herein vide notification dated 6.12.1982 (Annex-2). The Special Land Acquisition Officer assessed the market value of the land at the rate of Rs. 12,500 per acre. Subsequent thereto, some persons filed an application for reference under Section 18 of the Act and in L.A. Misc. Case No. 350 of 1995 the Court of Learned Civil Judge (S.D), Jagatsinghpur, the Learned Civil Judge (S.D.), Jaga...
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