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2016 Supreme(Ori) 1071

SANJU PANDA, SUJIT NARAYAN PRASAD
Management of Executive Engineer, Puri Electrical Division, Puri – Appellant
Versus
Presiding Officer, Labour Court – Respondent


Advocates:
For Petitioner:Sr. Advocate Mr. Jagannath Patnaik, M/s. B.K. Nayak and D.K. Mohanty.
For Opp.Parties: M/s. Somanath Mishra, G. Tripathy and K.R. Mohanty (for O.P. 4 to 9)
M/s. N.C. Pati, A.K. Das, M.R. Dash and B.Das (for interveners)

JUDGMENT

S.N. PRASAD, J. - In this writ petition the award dtd. 30.12.2008 passed in I.D. Case No. 102 of 2002 is under challenge whereby and where under the direction has been passed for reinstatement of the workmen in service after due identification by the representatives of the Union as per the list attached to the reference with a sump sum amount of Rs. 25,000/- only as compensation in lieu of back wages to each workman. Failing which the amount shall carry interest @ 9% per annum till its realization.

2.The workmen have raised a dispute which ultimately culminated in to following reference:-

“Where the action of the management of Puri Electrical Division, Puri in refusing employment of Sri Gadadhar Biswal and 65 others as per list enclosed herewith is legal and or justified? If not to what relief they are entitled to?

3.The case of the workmen is that they were working under Puri Electrical Division, Puri as NMR workers till 1.4.1995, thereafter the management refused employment to them and while refusing, Section 25F and 25N of the Industrial Disputes Act, 1947 has not been complied with. They have completed 240 days of continuous service under the management before they were r


























































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