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2024 Supreme(Ori) 161

IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA, M.S.SAHOO
Management of M/s. Nava Bharat ventures Ltd. – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellant :Mr. Shibashish Misra, Advocate
For the Respondent:Mr. S.N. Nayak, ASC Mr. S.K. Rath, Advocate

Table of Content
1. petition hearing context and termination of service. (Para 1 , 2 , 3)
2. arguments regarding the classification of opposite party no.3 as a workman. (Para 4 , 6 , 7 , 9 , 10)
3. evidence and reasoning provided in court analysis. (Para 5 , 8 , 11 , 12 , 13 , 14 , 15)
4. clarification of legal definitions concerning workman status. (Para 17 , 18 , 19 , 20)
5. conclusion on the writ petition's outcome. (Para 22)

JUDGMENT :

1. The writ petition is up hearing on restoration. A co-ordinate Bench by order dated 13th April, 2023 in RVWPET no.411 of 2019 filed by petitioner, set aside earlier order dated 20th September, 2019 passed by another co-ordinate Bench, dismissing it.

“Whether the termination of services of Sri Chinmaya Prasad Mishra, Ex-Supervisor w.e.f. 19.06.2015 by the management of M/s. Nava Bharat Ventures Ltd., At/PO: Kharagprasad, Dist-Dhenkanal is legal or justified ? If not, to what relief Sri Mishra is entitled?

4. On 3rd July, 2024 petitioner was again heard. Mr. Misra had submitted, under challenge is award dated 26th July, 2018 made by the Labour Court. It is illegal as containing perversity of not being based on the evidence. Opposite party no.3 was engaged

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