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2023 Supreme(Ori) 93

ARINDAM SINHA, S. K. MISHRA
Managing Director/directors Kalinga Media And Entertainment Pvt. Ltd. Bhubaneswar – Appellant
Versus
Mousumi Mohanty – Respondent


Advocates appeared:
Gopinath Sethi, Advocate, Susanta Kumar Dash, Advocate

JUDGMENT

S.K. Mishra, J. - Being aggrieved by award dated 28.12.2021 passed in I.D. Case No.59 of 2018 by the Labour Court, Bhubaneswar, the petitioners have preferred the writ petition basically on the following grounds.

    (i) The findings of the Labour Court are perverse, illegal, arbitrary and whimsical.

    (ii) The petitioners were not afforded sufficient opportunity at the time of hearing by the Labour Court to produce evidence and to have their say in the matter as per law and the impugned award is violative of principles of natural justice.

    (iii) The District Labour Officer being the Conciliation Officer, no application being made to the Conciliation Officer, such proceeding is not maintainable as per the mandate of law as laid down under Section 2-A(2) of the Industrial Disputes Act, 1947.

    (iv) While deciding Issue No. IV, the Labour Court has miserably failed to take into consideration the factums pertaining to the post of opposite party, she having been appointed as 'Anchor Head' and drawing salary of Rs.48,700/-, cannot be regarded as workman as per Section 2 (s) of the Act from its proper perspective.

    (v) The Labour Court, while adjudicating Issue No. V as well as while passing th

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