Court : Orissa
Reported in : (2004)ILLJ692Ori; 2003(II)OLR158
..... it is made clear that this court has expressed no opinion relating to the stand of the government for retrenchment of surplus staff, but all that this court has desired to express that people should not be defrauded by giving back door employment and to be kicked out from the job after employment of 10 to 12 years on ..... to the principle of 'last come first go', he has replied that the principle of last come first go was followed with respect to each category of workers working in the circle and the number of surplus staff from each individual category was ordered to be retrenched by following the principle of 'last come first go' and since petitioner no. ..... 6103/we, dated july 5, 2001, indicates that when the state government decided to consider the surplus staff not in individual divisions but circlewise, it should have come up with a comprehensive gradation list providing ..... 2 in that letter in the last paragraph needed assistance of surplus staff with the apprehension of mischief being committed by them if they would be retrenched at the commencement of the rainy season and when that ..... further stated that review of the cases of surplus staff was made and the decision was taken as ..... maintainability of the writ application, similar defence has been taken by the state regarding calculation of the surplus staff of the circle and not of individual divisions and justifying the action of the government in declaring such persons as surplus staff and passing orders for retrenchment.10. .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR947
b.n. mahapatra, j.1. this writ petition has been filed with a prayer for quashing the order of confirmation of sale (annexure-2), passed by the principal officer of the co-operative department in the district of sarmbalpur and arcs, sambalpur circle, under section 103 (4) schedule-1 of orissa co-operative societies act, 1962 (orissa act ii of 1963)(in short, the 'o.c.s. act') in e.p. no. 674/1999-2000 and the entire proceedings taken by the opposite parties in connection with the said order.2. the facts and circumstances giving rise to the present writ petition are that opposite party no. 6, munikisan, had availed a loan of rs. 50,000/- from the o.p.-bank to install a flour mill. the petitioners stood guarantors by mortgaging their properties described in the r.o.r. under annexure-1. opposite party no. 6 could not repay the said loan as per the terms of the loan agreement. as the opposite party no. 6 defaulted to pay back the loan amount, opposite party no. 3, asst. registrar, co-operative societies, sambalpur circle, sold the property in favour of opposite party no. 5, marayan mohapatra, in public auction held on 29.6.2001 against an amount of rs. 90,500/-. consequently, the principal officer of the co-operative department confirmed the said sale on 6th october, 2001 by the impugned order passed under annexure-2. being aggrieved, the petitioner-guarantors have filed the present writ petition.3. miss. deepali mohapatra learned counsel appearing on behalf of the petitioners .....
Tag this Judgment!Court : Orissa
..... in view of the above, we direct opposite party no.2-secretary of the berhampur central cooperative bank limited to consider the case of the petitioner for appointment under the rehabilitation assistance scheme/staff service rules, 2011 irrespective of the fact that he filed the application for appointment on account of death of his father in harness after expiry of one year. ..... the human resource policy for the central cooperative banks of odisha incorporating the staff service rules, 2011 (for short, rules, 2011 . .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori27
hansaria, c.j.1. the point for decision in these references is about the applicability of the principle of promissory estoppel debarring the universities to declare that the petitioners had failed in the examinations in question, after having declared them to have passed.2. to understand the scope of reference, we have to find out why the references were made and what was the point of reference. the first referring order is dated 27-11-1990 and was passed in o. j. c. no. 3345 of 1988. we shall presently note the facts of that case, but the reference was made because the bench hearing that case felt the necessity of having a 'second look on the question as to whether, when a mistake of the present nature is detected within a short period and the only step which the concerned person has taken is either to apply for higher study or for job, estoppel would stand in the way', a need for second look was felt because the petitioner in support of his submission pressed into service a bench decision of this court in rajkishore senapati v. utkal university, air 1982 orissa 189. we shall note the facts of that case a little later and the reason as to why promissory estoppel was held applicable.3. o. j. c. no. 2440 of 1985 came up for hearing on 15-3-1991 and as the learned counsel for the petitioner in support of his case of promissory estoppel placed reliance on pratima das v. state of orissa, air 1975 ori 155, as against which the learned counsel appearing for the university referred .....
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori152
acharya, j. 1. this is a defendant's appeal against the judgment and decree passed by the additional subordinate judge, cuttack in t. s. no. 55 of 1964 decreeing the plaintiff's suit for evicting the defendant from the suit mines, directing him to deliver possession of the same to the plaintiff, and restraining the defendant by a permanent injunction from operating the suit mines in any manner. 2. the plaintiff who is the state of orissa filed the suit on the following facts. 3. the suit mines belonging to the plaintiff having a rich deposit of chromite ore were leased out to the defendant by government orders dated 10-10-1958 (lease executed on 26-3-1959), on his application dated 9-4-1953 representing that he would set up a plant for the manufacture of ferro chrome and ferro silicon, and that he had obtained necesary licence for import of machineries, furnace and other equipments for setting up such a plant. the aforesaid mining lease was granted in favour of the defendant after prolonged correspondence, deliberation and discussion between the two parties regarding the terms of the lease, and on obtaining prior approval of the central government as required under the mines and minerals act, 1957. the government of india while conveying their approval to the grant of the said lease in favour of the defendant (ext. 18), with a view to ensure supply of mineral to the ferro chrome plant, stated therein that a condition be incorporated in the lease deed to the effect that if .....
Tag this Judgment!Court : Orissa
Reported in : 57(1984)CLT188; 1984(I)OLR168
r.c. patnaik, j.1. in these writ applications, the petitioners have challenged the vires of certain provisions of the orissa estates abolition act, 1951, as amended by the amending acts of 1974, 1978 and 1979. they have also challenged the vires of the notifications under section 3a of the act and sought a declaration that the said, notification is illegal and has no application as regards them. a prayer has also been made for a direction for incorporation of a provision akin to article 290a of the constitution of india guaranteeing payment of annuity and for other reliefs.2. the orissa estates abolition act, 1951 (orissa act 1 of 1952) coming in the wake of the constitution, made provision as the preamble indicates for abolition of rights, title and interests in land of intermediaries by whatever name known including the mortgagees and lessees of such interests between the raiyats and the state of orissa and for vesting in the state of the said rights, title and interest. the enactment was a measure to secure economic justice for all and to that end to secure the ownership and control of all material resources of the community so that they might best subserve the common good, and to prevent the concentration of wealth and means of production to the common detriment.3. the original act was published in the gazette on 9.2. 1952 and its vires was challenged forthwith. this court while repelling the challenge observed (k. c. gajapati narayan deb v. state of orissa, ilr cut (1953 .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT171; 1991(II)OLR464; [1993]88STC473(Orissa)
a.k. padhi, j. 1. reference has been made to a larger bench to consider the scope and ambit of section 6(2) of the constitution (forty-sixth amendment) act, 1982, vis-a-vis, the orissa sales tax act, 1947. the former act is hereinafter referred to as 'the amendment act' and the latter as 'the act'. in essence the dispute is when the taxable event is supply of eating materials in a restaurant, or eating house or in a place not being a restaurant, where such supply or service was for cash, deferred payment or valuable consideration for the period at any time on or after 7th day of september, 1978 and before 2nd february, 1983, in a given case, where the assessee had not collected tax from the buyer, whether he shall be exempted from tax in view of section 6(2)(a) of the constitution (forty-sixth amendment) act, 1982 or exigibility of tax shall be dependent on dominant object of the assessee while supplying articles of food for cash or deferred payment. consequentially it has to be adjudicated whether the taxing authorities are required to investigate as to whether the supply of food for cash or deferred payment by the assessee in question at the relevant tune was a package of service or was sale of food, service being incidental when the assessee raised such a question.2. the historical background of levy of tax on supply of food-stuff and service of meals and various decisions on the point need reference. whether service of meals to casual visitors in a restaurant, a lodging .....
Tag this Judgment!Court : Orissa
Reported in : 1974CriLJ70
k.b. panda, j.1. on 13-2-1973, the learned advocate-general of orissa made an application to this court under section 15(1)(a) of the contempt of courts act (act 70 of 1971) against the opposite party on the allegation that the contemner had committed criminal contempt of this court by making allegations in an application presented by him at the time when judgment was delivered in original criminal misc. case no. 8 of 1972 on 5-2-1973 by a special bench of five judges of this court.2. a brief account of events leading to the filing of the impugned application (hereinafter referred to as the 'petition') by the contemner may now he given.the contemner was recruited as a munsif in the year 1947. after a chequered career in the service, by 1968, he had been promoted on officiating basis as a district judge. his work having been found unsatisfactory he was reverted to the post of additional district magistrate (judicial) by government and on a representation to the chief minister, that order was cancelled. at this stage, in contemplation of a disciplinary proceeding, the court placed the contemner under suspension in exercise of powers vested in it under article 235 of the constitution. the contemner preferred an appeal against the order of suspension and also made representation to the governor. contempt proceedings were initiated against him as the contents of the petition of appeal and the representation were found to contain writings amounting to contempt of this court. after .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT537
..... it appears it is proposed to organize all forestry functions through only one type of field divisions with a view to reducing duplication of efforts, facilitating optimal utilization of staff, reducing avoidable problems of coordination am9ng various wings, and creating a more conducive arrangement for development and management of forests with the participation of the village communities. ..... therefore, organizing all forestry functions through one type of field divisions with a view to reducing duplication of efforts, facilitating optimal utilization of staff, reducing avoidable problems of coordination among various wings and creating a more conducive arrangement for development and management of forests with the participation of the village communities was under active consideration ..... it also suggested that there will be no creation or up-gradation of posts and the existing staff under the social forestry and afforestation wings will be re-deployed for creation of the new division/circles and for ..... (1) overlapping of jurisdiction;(2) duplication of functions and interventions;(3) sub-optimal utilization of staff;(4) problems of coordination.it was also felt that due to present parallel structure of the organization, capacity for managing the forest resources of the state in an efficient, equitable and sustainable ..... parallel structures with overlapping jurisdiction, there is often duplication of functions/interventions, sub-optimal utilization of staff and problems of coordination. .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR154
..... whether he can be punished for causing the death of dambarudhar behera or not becomes academic.19. .....
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