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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
| 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 :
ARINDAM SINHA, J.
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.
2. Opposite party no.3 in the writ petition had his service terminated. There was conciliation and on failure, reference order dated 18th January, 2017 made. Schedule of the reference is reproduced below.
“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?
3. Mr. Misra, learned advocate a
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