Back
CHAKRADHARI SHARAN SINGH, MURAHARI SRI RAMAN
State of Odisha – Appellant
Versus
Mamata Manjari Mohanty – Respondent
| Table of Content |
|---|
| 1. initial appeal and background context (Para 1) |
| 2. facts surrounding the retrenchment process (Para 2) |
| 3. proceedings and judgments linked to the retrenchment (Para 3) |
| 4. counsel submissions on compliance and retrenchment legality (Para 6) |
| 5. court's observations on compliance with legal provisions (Para 8 , 10 , 12) |
| 6. final decision and directive on compensation (Para 14 , 15 , 16) |
JUDGMENT
Murahari Sri Raman, J. -
The challenge in the intra-Court appeal:
Challenge being laid to Judgment dated 17.08.2021 rendered by the learned Single Judge in the writ petition bearing WPC (OAC) No.3077 of 2014 in the matter of an application under Article 226/227 of the Constitution of India, the opposite parties therein aggrieved thereby, preferred this intra-Court appeal beseeching to invoke provisions of Article 4 of the Orissa High Court Order, 1948 read with Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948, and prayed for grant of the following relief(s):
'Under these circumstances the Appellants most humbly pray that this Hon'ble Court may graciously
Statutory compliance under Sections 25(F) and 25(G) of the Industrial Disputes Act is crucial in retrenchment cases for legality, with repercussions for failure to adhere to these provisions.
The main legal point established is that even temporary employees can be considered 'workmen' under the Industrial Disputes Act, and termination without complying with Section 25(F) may entitle the e....
Termination of employment found illegal due to lack of due process; procedural adherence under the Industrial Disputes Act is mandatory, leading to reinstatement or monetary compensation.
In cases of wrongful termination, reinstatement with continuity of service and backwages is the normal rule, and the employer should not be relieved of the burden to pay the employee's dues.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
