SAYED ZAHARUL HAQUE Vs. STATE OF ORISSA

JUDGEMENT

(1.) The award passed on 25th March, 1995 by the Presiding Officer, Labour Court, Jeypore, Koraput in I.D. Case No. 11 of 1993 (Annexure-15) is impugned in this writ application.

(2.) The petitioner was a workman under opposite party No. 3 organisation, namely, M/s. Prepare, which is engaged in social and progressive activities in rural areas of different parts of the country having its head office at Chennai, erstwhile Madras. His services were terminated by the organisation with effect from 21st January, 1991. Conciliation having failed, Government in exercise of powers conferred under Sections 10 and 12 of the Industrial Disputes Act (hereinafter called 'the Act') referred the following dispute to the Labour Court for adjudication: "Whether the action of the Executive Secretary M/s. Prepare, at 4, Sathalavar Street, Maggappair West, Padi, Madras, C/o. The Project Coordinator, Non-Formal Education Centre, Prepare, At/P.O. Kolnara, Dist-Rayagada (Koraput) in terminating the services of Sayed Zahural Haque, Assistant Project Officer, with effect from the 21.1.1991 is legal and/or justified ? If not, what relief Shri Haque is entitled ?"

(3.) According to the petitioner he was initially appointed as a Development Educator on 15.4.1985. His work being found satisfactory he was subsequently promoted to higher posts. On 5.11.1990 without any basis, a memo of warning was issued to him and thereafter without conducting any enquiry his services were terminated with effect from 21st January, 1991, the termination order being served on him on 28th March, 1991. Alleging that the said termination order was passed without following the principles of natural justice and equity, the petitioner prayed to set aside the same and to direct his reinstatement with full back wages.