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2022 Supreme(Ori) 527

S. TALAPATRA, M. S. SAHOO
Management of Tata Refractories Ltd – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
B.P. Tripathy, Advocate, P.K.Muduli, Advocate, P.K.Dash, Advocate

JUDGMENT

M.S.Sahoo, J. - The petitioner-company registered under the Companies Act, employer of opposite party no.3, by filing the writ petition has challenged the award dated 31.12.2013 (Annexure-1) of the learned Labour Court, Sambalpur passed in I.D. Case No. 31 of 2013.

2. The operative portion of the award made by the learned Labour Court is quoted herein:-

    'The reference is answered on contest without any cost. The termination of services of Sri Haribola Dash, workman by way of retirement with effect from 01.08.2012 by the management of M/s. TRL Krosaki Refractories Limited, Belpahar, Dist-Jharsuguda is held to be illegal and unjustified. The second-party is entitled to reinstatement in service with full back wages and other service benefits. The management is directed to reinstate the second-party in service immediately and refix his date of retirement as 28.02.2014. The first-party management is further directed to pay full back wages to the second party with effect from 01.08.2012 including his regular increment and all other service benefits within a period of two months hence.'

3. The I.D. Case No.31 of 2013 was pursuant to reference made by the Govt. of Odisha in the Labour

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