JUDGMENT

S.K. MISHRA, J.

1. The petitioner-workman has filed OJC No.1175 of 2001 and M/s. Tata Refractories Ltd., hereinafter referred to as the Management, has filed W.P.(C) No. 5067 of 2003 assailing the award passed on 22.11.2000 by the learned Presiding Officer, Labour Court, Bhubaneswar in I.D. Case No.97 of 1992, upholding the dismissal of the petitioner by the management.

2. The facts leading for filing of this writ petition before this Court may be briefly summarized as follows: –

The Government of Odisha in Labour and Employment Department referred the dispute between the Resident Director, M/s. Tata Refractories Ltd., Belpahar and its workman Dr. Ch. N.N. Mishra to determine if the dismissal of the Workman by the Management is legal and/or justified? If not to what relief Dr. Mishra is entitled?

3. The employee, hereinafter referred as the petitioner for convenience, has filed his statement of claim to the effect that he joined on 16.01.1980 as a Pathologist in the Hospital of the management and was heading the Pathology department. He has worked as such under the management. On 03.11.1984 there was a mishap in the house of the petitioner and the wife of the workman committe