AKHIL KUMAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition, the petitioners have assailed the award dated 29.5.1997 passed by the Presiding Officer, Labour Court, Bhubaneswar in Industrial Dispute Case No.113 of 1994, wherein he dismissed the case as not maintainable.

(2.) THE Government of Orissa in its Labour and Employment Department vide Memo No.6562(5) dated 24.5.1994 made a reference to the Presiding Officer, Labour Court, Bhubaneswar for adjudication. The reference reads as follows:- "Whether the refusal of employment to Shri Akhil Kumar Sahoo and Madhabananda Samal, w.e.f. 1.4.92 by the management of Talcher Thermal Power Station, Talcher is legal and/or justified? If not, to what relief the workmen are entitled?

(3.) ACCORDINGLY , the writ petition is allowed and the award dated 29.5.1997 passed by the learned Presiding Officer, Labour Court, Bhubaneswar in I.D. Case No.113 of 1994 is set aside and the case is remanded back to the Presiding Officer, Labour Court, Bhubaneswar for fresh adjudication. It is made clear that the learned Presiding Officer, Labour Court, Bhubaneswar shall not record fresh evidence. It shall pass the award after giving a chance of being heard to the parties. Since it is a case of the year 1997, the Presiding Officer, Labour Court shall dispose of it within four months of receipt of this order. No cost.