KEDARESWAR MOHAPATRA Vs. PRESIDING OFFICER LABOUR COURT BHUBANESWAR

JUDGEMENT

(1.) This appeal Is directed against he order dated 20.6.2005 passed in OJC No. 5059 of 1996 affirming the award dated 31.10.1995 passed by the learned Presiding Officer, Labour Court, Bhubaneswar in I.D. Case No. 46 of 1987 urging various grounds for setting aside the impugned order and quash the award and to pass such other order/orders as may be deemed fit in the facts of this case.

(2.) The required brief facts are stated for the purpose of appreciating rival legal contentions urged in this appeal with a view to find out as to (i) whether the impugned order in affirming the award is vitiated on account of erroneous finding or error in law which constitute substantial question of law? (ii) Whether non consideration of the relevant legal aspect namely, the order of retrenchment passed against the appellant is an admitted fact, but the post being abolished is not a fact, and for that reason the order of termination is not in conformity with the provisions of Section

(3.) The appellant had worked in the Respondent-2 Management for a period of nineteen years in the post of Advertisement Manager.' Accordingly to him, his nature of work was mostly clerical and supervisory and his monthly salary was Rs. 1472.80 paise at the time of termination on 6.11.1986. Therefore, he has pleaded that he is covered under the definition of Section