Dismissed a writ petition seeking direction against disengagement of a daily wage pharmacist, holding the writ was not maintainable as the engagement was temporary and terminable at any time without reason.
Writ petition dismissed; no direction granted against disengagement.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No. 32542 of 2021
Sansar Kumar Sa ….
Petitioner
Mr. D. Rath, Adv.
-Versus -
State of Odisha and others ….
Opposite Parties
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER 25.10.2021
Order No. 01
This matter is taken up through hybrid mode.
Page 1 of 2
view of the fact that on apprehension of disengagement, no writ is maintainable. It is further contended clauses-3 and 4 of the engagement order clearly speaks that daily wages engagement will come into force from the date of their actual joining and the engagement will be valid up to 30th June, 2020. The duration may be extended further, if situation so warrants and the engagement is purely temporary and can be terminated at any point of time without assigning any reason thereof. It is contended that the petitioner is fully aware of the terms of the engagement and, thereby, the claim made by the petitioner at this stage that he may be disengaged cannot sustain in the eye of law.
(Dr. B.R. Sarangi) Judge
Ashok
Page 2 of 2
1 issue framed by the court
Whether a writ petition is maintainable on apprehension of disengagement of a daily wage employee engaged under temporarily valid terms.
Sansar Kumar Sa
State of Odisha
B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
