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2021 Supreme(Ori) 435

S.PANDA, S.K.PANIGRAHI
Niranjan Sahoo – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Jagannath Patnaik, Advocate, M/S P K Das, Advocate, S. Das, Advocate, Sourya Sundar Das, Advocate, M/S S K Mohanty, Advocate, J. Mohanty, Advocate, S.K. Mohanty, Advocate, R. Dash, Advocate, R.R. Dash, Advocate, S. Modi, Advocate

JUDGMENT

S.K. Panigrahi, J. - The petitioner by way of this writ petition, has prayed for modification of the judgement and award dated 31.12.2016 in I.D. Case No.32 of 2015 passed by the learned Presiding Officer, Labour Court, Bhubaneswar, where the Opposite Party No.2 has been directed to reinstate the petitioner in his service and pay 50% of his back wages. The modification sought for is only to the extent of the back wages. The petitioner seeks 100% back wages and a suitable direction to that effect.

2. The factual conspectus of the present petition hovers around the order of termination of the petitioner w.e.f. 18.02.2014 which is alleged to have been passed in a mechanical manner without application of mind and thereby illegal and the domestic enquiry, neither fair nor proper. The petitioner was posted as the District Manager of Maxxim Division by the management of M/s. Ranbaxi Laboratories Ltd. (hereinafter 1st party management no.1 ). Moreover, he is also a bonafide member of Odisha Sales Executives Association which has been affiliated to All India Federation of Sales Executive Associations, both of which are registered Trade Unions. While attending the meeting dated 27.07.

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