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2010 Supreme(Ori) 235

B.N.MAHAPATRA, A.S.NAIDU
Orissa Lift Irrigation Corporation Amin Sangha – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. J. Patnaik, A.A. Das, B. Mohanty, T.K. Patnaik, S. Das & P.K. Nayak
For Opp. Parties:M/s. A.R. Naik & M/s. S. Mohanty-I & S.K. Das-II (for opp. party No.2)

JUDGMENT

B.N. MAHAPATRA, J. : This writ petition has been filed by petitioner-Orissa Lift Irrigation Corporation Amin Sangha represented through its General Secretary challenging the actions of opp. party No.1-State of Orissa represented through its Com¬missioner-cum-Secretary, Water Resources Department and O.P. No.2-Orissa Lift Irrigation Corporation Limited (for short ‘the Corporation’) represented through its Managing Director in taking a decision to dispense with the work of Amins working in the Corporation.

2. The facts and circumstances giving rise to the present writ petition are that the petitioner is a registered trade union and the Amins working under the Corporation are the members of the said union. The Corporation is a Government of Orissa Under¬taking. After the transfer of L.I. points to Pani Panchayat, the working strength of the Corporation reduced considerably. Hence, on 13.09.2002, the Cabinet Sub-committee decided to restructure the Corporation. The Commissioner-cum-Secretary to Government vide its letter dated 26.10.2002 (Annexure-3) communicated to the Managing Director of the Corporation that as per the decision of the State Cabinet, the Government had deci










































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