Orissa Court September 2009 Judgments
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Bhikari Nayak Vs. Principal, D.A.V. Public School
Court: Orissa
Decided on: Sep-03-2009
Reported in: 108(2009)CLT787
B.K. Patel, J.1. In this writ application the Petitioner challenges the award dated 19.06,2006 passed by the Presiding Officer, Labour Court, Jeypore-Koraput in Industrial Disputes Case No. 11 of 2004 converting the order of his dismissal from service to termination of service & payment of dues payable to him. The award was passed in answer to the following reference made under Section 10(1) read with Section 12(5) of the Industrial Disputes Act, 1947-Whether the termination of services of Sri Bhikari Nayak, Watchman by the Management of M/s. D.A.V. Public School, Gandhinagar, Berhampur with effect from 10.07.2003 is legal &/or justified? If not to what relief is Sri Nayak entitled to2. Petitioner's case is that he was appointed as a peon in D.A.V. Pubic School, Berhampur in the year 1989 & his service was regularized in the year 1995. Due to illness he had availed leave from 06.11.2001 to 21.11.2001. While on such leave, Petitioner was arrested on 16.11.2001 in connection with G.R. Ca...
Seetal Automobiles Vs. the Sales Tax Officer
Court: Orissa
Decided on: Sep-03-2009
Reported in: 109(2010)CLT271; 2009(II)OLR968
Indrajit Mahanty, J.1. M/s. Seetal Automobile, the petitioner herein has sought to challenge the jurisdiction of the opposite party-Sales Tax Officer, Bhubaneswar-II Circle in issuing notice for levy of penalty under Section 9-B(3)(a)(ii) of the Orissa Sales Tax Act, 1947 (in short, the 'OST Act') for the periods 2000-01, 2001-02 and 2002-03 in these three writ applications respectively. Since the challenge in these writ applications are to similar notices for the aforesaid periods and the grounds raised are also same, these writ applications are taken up together for disposal through a common judgment.2. Sri Paikray, learned Counsel appearing for the petitioner submitted that the impugned notices under Annexure-4 are wholly without jurisdiction. He submitted that the impugned notices are for the purpose of levy of penalty on the allegation of non-deposit of excess tax and surcharge under the O.S.T. Act allegedly collected by the petitioner-farm, which is strenuously denied by the peti...
Srimati Chhabilata Dei Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-03-2009
Reported in: 108(2009)CLT889
Sanju Panda, J.1. Challenge has been made in this writ appeal to the Order Dated 4.3.2009 passed by the Hon'ble Single Judge in W.P.(C) No. 9008 of 2006 on the ground that the Hon'ble Single Judge did not consider that the Selection Committee, without having jurisdiction to do so, enhanced the marks from '3' to '5' so far as past experience is concerned.2. The facts, as narrated in the appeal memorandum, are as follows:Both the Appellant & Respondent No. 4 along with some other candidates made applications to be appointed as Anganwadi Workers in the Godi Anganwadi Centre. The Appellant contended that she secured 59.35% marks whereas the present Respondent No. 4 secured 60.75%) marks. The mark was allotted to Respondent No. 4 by taking into account her past service experience certificate in a voluntary organization. In support of her experience, she was allotted '5' marks. Had such '5' marks not been awarded to Respondent No. 4, the Appellant would have been selected as she secured 59.3...
Biharilal Banjara and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-03-2009
Reported in: 108(2009)CLT916
Sanju Panda, J.1. Since both the Writ Petitions involve similar questions, they were heard together & are being disposed of by this common Judgment. In these Writ Petitions, the Petitioners have challenged the action of the Transport Commissioner-cum-Chairman, State Transport Authority, Orissa, Cuttack in inviting applications by way of advertisement for grant of licence for installation of private weighbridge at Kanakatora & Taparia MVI & Sales Tax check gate near the border area of Orissa & Chhatisgarh,2. The facts, in a nutshell, are as follows:Earlier, the Petitioner in W.P.(C) No. 14195 of 2008 approached this Court by filing W.P.(C) No. 6408 of 2008 with regard to grant of permission for installation of private weigh bridge at Kanakatora & Sates Tax Check Gate in the district of Jharsuguda. The said Writ Petition was disposed of on 15.5.2008 with a direction to Opposite Parties to take a decision on the application of the Petitioner within a period of two months. In consequence o...
The Divisional Manager, National Insurance Co. Ltd. Vs. Mallika Rana a ...
Court: Orissa
Decided on: Sep-03-2009
Reported in: 109(2010)CLT294
M.M. Das, J.1. The insurer has filed this application under Section 30 of the Workmen's Compensation Act calling in question the legality of the award/Judgment passed in W.C. Case No. 216-D/2002 by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioners, Cuttack, on various grounds.2. The main thrust of argument of Dr. Rath, Learned Counsel appearing for the insurer is that the policy & the proposal, which were marked as Ext. A before the Commissioner (copy of which has been produced before me) discloses that for five numbers of crewmen in the Trawler, the employer paid Rs. 150 as premium. Dr. Rath, therefore, contends that for each crew member the amount paid was Rs. 30 as premium to the insurer as per the tariff framed by the Tariff Advisory Committee on 06.08.99 which has been revised again on 07.05.02. The liability of the insurer for a member of the crew for whom Rs. 30 has been paid as premium is limited to Rs. 50,000. He has produced the copies of the tari...
Bibhuti Kumar Sahoo and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-03-2009
Reported in: 109(2010)CLT201
Sanju Panda, J.1. In this writ application the Petitioners have challenged the Office Order No. 137 dated 6.11.2008 passed by the. Learned Additional District Magistrate granting licence in favour of Opposite Party No. 4 as Stamp Vendor under the Orissa Supply & Sale of Stamps & Stamped Papers Rules, 1990 (hereinafter referred to as 'the Rules') to sell General Stamps at Raghunathpur Tahasil Office violating Rule-17, Sub-rule (1) & Rule-4 (C & E) of Chapter-Ill of the Rules.2. The Petitioners are the existing Stamp Vendors who were received their licence since 2004 from the Additional District Magistrate, Jagatsinghpur to sell Stamps at the Tahasil Office, Raghunathpur & the said licence were for a period of five years which will end by 31st of December, 2009. They pleaded that the Raghunathpur Tahasil was newly created & due to inadequate number of works the Petitioners were unable to sell Stamps for their moderate income. They also stated that the total sale of Stamps during the peri...
Batakrishna Samal Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-02-2009
Reported in: 108(2009)CLT919
M.M. Das, J.1. Issuance of writ of certiorari is sought by the Petitioner - against the Order Dated 2.2.2009 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 304 of 2002.2. Brief facts leading to the present lis are that the Petitioner entered into Government service in the year 1982 & after completion of the probation period, joined as Establishment Officer in the office of the Deputy Director, Agriculture, Balasore in the year 1983. In his service book the date of birth of the Petitioner has been entered as 12.6.1952 which was on the basis of the certificate issued in favour of the Petitioner on passing the High School Certificate Examination in the year 1970. The Petitioner was, thereafter, promoted to the rank of Junior Class-I Officer & was posted as Commercial Tax Officer, Bhadrak in the year 1998. In September, 2001, the Petitioner was promoted Jo Class-I Senior Branch & posted as Additional Assistant Commissioner, Commercial Tax, (Appellate Unit), Bhubanesw...
Niranjan Rout and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-02-2009
Reported in: 109(2010)CLT7
B.P. Das, J. 1. The Petitioners, who while working as workmen in Shree Sarala Weavers Co-operative Spinning Mills Ltd. were allowed to retire under the Voluntary Retirement Scheme (Annexure-1), have filed this Writ Petition to quash the resolution dated 23.12.2005 issued by the Govt. of Orissa in the Department of Public Enterprises, vide Annexure-4, by which the Govt. have altered their service conditions, i.e., the conditions stipulated in the Voluntary Retirement Scheme, for which the employer of the Petitioners is not releasing in their favour the benefits provided in the Voluntary Retirement Scheme, which are the legitimate claim of the Petitioners towards their unpaid arrear salary & other statutory benefits as mentioned therein. The Petitioners have also prayed for a direction to the Opposite Parties to implement the decision taken by the State Govt. in Annexures 1 & 2 & to pay them the balance dues, i.e., arrear salary (incremental) from 1.7.1990 to 31.12.1998, revised scale of...
Gupta Cables Private Ltd. (Now Gupta Power Infrastructure Ltd.) Vs. As ...
Court: Orissa
Decided on: Sep-02-2009
Reported in: 109(2010)CLT276
Indrajit Mahanty, J.1. M/s Gupta Cables Private Limited (now known as Gupta Power Infrastructure Limited) a company registered under the Companies Act, 1956 Is the Petitioner in the present Writ Petition in which it has made prayer seeking quashing of the Order Dated 9.3.2009 (Annexure-8) passed by the Assistant Commissioner of Commercial Taxes, Bhubaneswar Range, Bhubaneswar under Section 57(3) of the Orissa Value Added Tax Act, 2004( hereinafter referred to as 'OVAT Act, 2004'), rejecting the refund application of the Petitioner dated 29.4.2009 & further seeking a direction to the Assistant Commissioner of Sales Tax Puri Range, Bhubaneswar to refund Rs. 6,56,77,059.97 paise as unadjusted input tax credit under Section 58(4) of the OVAT Act, 2004 read with Rule 66 of the Orissa Value Added Tax Rules, 2005 (hereinafter referred to as 'OVAT Rules, 2005').2. Sri Sanjit Mohanty, Learned Senior Counsel appearing for the Petitioner submitted that the Petitioner was assessed for the assessme...
Purna Chandra Sahu and Lochan Sahu Vs. State of Orissa
Court: Orissa
Decided on: Sep-01-2009
Reported in: 108(2009)CLT672
S.C. Parija, J.1. This Criminal Appeal is directed against the Judgment dated 05.07.2004, passed by the Adhoc Addl. Sessions Judge (FTC), Gunupur, in Crl. Trial No. 13 of 2002, holding the accused-Appellant No. 1 guilty of offence under Section 302 IPC & the other accused-Appellant No. 2 guilty of offence under Sections 307/34 IPC & accordingly convicting them thereunder.2. The case of the prosecution, in brief, is that the informant Hajari Sahu (P.W.9), brother of deceased Ashok Sahu of village Gundriguda submitted a written report (Ext. 10) before the A.S.I. of Police, Muniguda P.S. (P.W.10), alleging that he has paddy lands in Nuakhamara Chhak & he had raised paddy & on the date of occurrence, i.e., 27.06.2001 at about 10 A.M., he & his brother Ashok Sahu (deceased) went to see their paddy crops & on reaching their lands, they found accused Purna Sahu & his father Lochan Sahu were cultivating their lands with a pair of bullocks & with a pair of buffalo & they had let loose their ano...
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