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2010 Supreme(Ori) 854

B.K.PATEL
EXECUTIVE ENGINEER, BADANALA IRRIGATION DIVISION, KENDUGUDA, DIST. RAYAGADA – Appellant
Versus
1ST WORKMAN, SRI RATNAKAR SAHU – Respondent


JUDGMENT :

B.K. Patel, J. - In this writ petition the employer has assailed the legality of the award dated 26.6.2000 passed by the learned Presiding Officer, Labour Court, Jeypore (for short 'the Labour Court') in I.D. Case No. 74 of 1999 directing reinstatement of the opposite party No. 1-workman as N.M.R. Mate within three months from the date from which the award becomes enforceable failing which the workman has been held to be entitled to get full back wages from that date.

2. The impugned award was passed in adjudicating the following reference made u/s 10(1) read with Section 12(5) of the Industrial Disputes Act, 1947 (for short 'the Act'):

Whether the action of the Executive Engineer, Badanala Irrigation Vision, Kenduguda, Dist, Rayagada in terminating the services of Sri Ratnakar Sahu, Ex-N.M.R. Mate with effect from 11.2.87 is legal and/or justified ? if not, what relief Sri Ratnakar Sahu is entitled to ?

3. The workman's case, in brief, is that he was engaged as N.M.R. in different Sub-divisions under the petitioner during the period from July, 1982 to December, 1989. Though he worked on each day including all holidays, the petitioner showed artificial breaks on records. Fin











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