ORISSA STATE CO OPERATIVE Vs. BINOD BIHARI NIAL

JUDGEMENT

(1.) Heard Learned Counsel for the parties and this Writ Petition stands dismissed at the stage of admission after hearing Learned Counsel for the petitioner for the following reasons.

(2.) PETITIONER challenges the award of the Presiding Officer, Labour Court, Sambalpur passed on 25.2.2005 in I.D. Case No. 57 of 2003. The reference which was made by him, read as hereunder : Whether the termination of services of Sri Binod Bihari Nial, NMR Peon with effect from 1.5.2001 by the management of M/s. Orissa State Co -Operative Marketing Federation Ltd. MARKFED, Orissa, Bhubaneswar is legal and/or justified ? If not, what relief is Sri Nial entitled to ?

(3.) CLAIM of the Writ Petitioner before the Presiding Officer, Labour Court, Sambalpur was that because of the necessity to cut down the size of the establishment, the management took a decision and accordingly from each category of the workmen, they reduced the size and passed order of retrenchment with respect to 96 workmen. In the said gradation list, petitioner was coming as a peon and from his category, no person junior to him in service was retained. With respect to appointment of Hrushikesh Mohapatra and Pitabas Rout, the Writ Petitioner stated that their employment was never challenged and they were given regular employment in the year 1997. It is also stated by the petitioner that provision under Section 25 -N is not attracted so also there is no violation of the provision under Section 25 -G of the Act.