STATE OF ORISSA Vs. KRUSHNA CHANDRA PANDA

JUDGEMENT

(1.) The Award dated 24.2.1996 passed by the Labour Court, Bhubaneswar in I.D. Case No. 171 of 1994 is impugned in both the writ applications filed by the Management and the workman respectively. The facts and the point of law in both the cases being same, they are heard together and disposed of by this common judgment.

(2.) Admittedly, the workman was serving as a daily wage employee in Store section of the Directorate of the Information and Public Relation Department. Challenging the order of termination of his service with effect from 30.3.90, he raised an industrial dispute. The conciliation having failed, the dispute was referred to the Labour Court. The case of the Management before the Labour Court was that the workman was engaged as a casual labourer as and when the work was available. He was not holding any substantive post and as such, the Management has not committed any error in terminating his service.

(3.) The Labour Court-after scrutinising the evidence both oral and documentary, came to a conclusion that termination of the services of the workman without following the mandatory provisions of Section 25F of the I.D. Act was illegal and unjust. Accordingly, the Labour Court directed the Management to reinstate the workman in service with 25% back wages.