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2022 Supreme(Ori) 272

S.MURALIDHAR, R.K.PATTANAIK
Utkal University, Bhubaneswar – Appellant
Versus
Tankadhar Digal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Narendra Kishore Mishra.
For the Respondent: A.K. Rath.

JUDGMENT :

S. MURALIDHAR, J.

1. The Management of the Ramadevi Chhatrinivas in Utkal University, Bhubaneswar has challenged an Award dated 20th July 2011 passed by the Labour Court, Bhubaneswar in Industrial Disputes (ID) Case No. 35 of 2004 whereby the action of the Management in terminating the services of the Opposite Party-Workman, who was working as a Watchman with them, with effect from 30th September 2000 was held to be illegal and he was directed to be reinstated with a lump sum amount of Rs. 40,000/-.

2. While directing notice to issue in the present petition on 3rd April 2012, this Court stayed the operation of the impugned Award subject to the Management complying with Section 17-B of the Industrial Disputes Act, 1947 (ID Act).

3. This Court has heard the submissions of Mr. Narendra Kishore Mishra, learned Senior Advocate for the Management and Mr. A.K. Rath, learned counsel for the Opposite Party-Workman.

4. At the outset, it must be pointed out that although it was argued before the Labour Court that the Petitioner-Hostel was not an ‘industry’ within the meaning of the ID Act, Mr. Mishra in the course of his argument submitted that the Petitioner would not be pressing that

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