O.S.R.T.C. v. Nanda K.Padhy
Case brief
What is this about?
Management challenged a Labour Court award finding dismissal disproportionate and alleging factual errors in the period of absence. The Single Judge found the writ petition devoid of merits and dismissed it.
What did the court decide?
Writ prayer dismissed. Connected miscellaneous cases if any dismissed.
What the court decided
W.P.(C) No.9613 of 2008
- 28.11.2019
Heard learned counsel for the petitioner-OSRTC (Management).
- Learned counsel for the petitioner produces a date chart in Court today, which is taken on record.
- By way of this writ petition, the petitionerManagement has challenged the award dated 03.10.2007 passed by the Presiding Officer, Labour Court, Jeypore, in Industrial Dispute Case No.05 of 2007, awarding an amount of Rs.50,000/- to the workman-opposite party as compensation.
- Learned counsel for the Management with reference to the date chart submits that the workman remained unauthorized absent from his duty from 01.08.2000 to 06.02.2002. For such unauthorized absence, a show cause notice was issued on 07.02.2002 at his home address, which returned un-served on his refusal, as per postal report. Therefore, the service of the workman was terminated by way of dismissal vide order dated 08.03.2002 (Annexure-2), which was communicated to him in his home address. On 25.10.2005, the workman filed Misc. Case No.125 of 2005 under Section 33C(2) of I.D. Act, claiming arrear dues from March 1997 to 31.07.2000. In 2005, the workman filed a consumer dispute case for settlement of his P.F. dues, which was disposed of on 07.02.2006. The said I.D. Misc. Case No.125 of 2005 was disposed of on 28.02.2006 computing the dues of the workman as claimed for. Subsequently, assailing the dismissal order, the workman raised Industrial dispute, which was ultimately referred to the Labour Court by the Government for adjudication of the reference on
-2-
Issues for consideration
2 issues framed by the court
Whether the writ petition challenging the Labour Court's award disproportionate punishment and fact errors on record succeeds in its challenge.
Whether the Management has a prima facie case to interfere with the Labour Court's award holding dismissal disproportionate.
Parties & counsel
- petitioner
OSRTC (Management)
- respondent
Workman
Coram
K.S. Jhaveri
Case details
As recorded by the court registry
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