SAMPAD KUMAR MOHANTY Vs. LABOUR COMMISSIONER (ORISSA)

JUDGEMENT

(1.) This Writ Petition has been filed with a prayer to implement the Award passed on 6.11.1999 by the Industrial Tribunal, Orissa, Bhubaneswar in I.D. Case No.137 of 1995.

(2.) Admittedly the petitioner was working as the Secretary of the Astaranga Service Cooperative Society, Astaranga (hereinafter referred to as the 'SCS') functioning under the Puri-Nimapara Central Cooperative Bank since 20.12.1981. He was placed under suspension on 12th April, 1984. According to the petitioner the Assistant Registrar of Cooperative Societies who passed the suspension order had no authority to do so. Consequently the petitioner raised an industrial dispute. Conciliation having failed, the Government of Orissa in the Labour and Employment Department exercising power under Sections 10 and 12 of the Industrial Disputes Act referred the dispute to the Industrial Tribunal, Orissa, Bhubaneswar for adjudication on the question : "Whether the prolonged suspension from service of Sri Sampad Kumar Mohanty, ex Secretary by the management of Astaranga Service Cooperative Society Ltd., Astaranga, Puri with effect from 12th April, 1984 is legal and/or justified ? If not, what relief Sri Mohanty is entitled to ?"

(3.) The Tribunal, after examining the pleadings of the parties and the evidence adduced, both oral and documentary, came to the conclusion that the order of suspension of the petitioner was unsupportable in law and was liable to be set aside as the Assistant Registrar, Cooperative Societies who had passed the order of suspension was not competent to do so. Consequently the Tribunal directed reinstatement of the petitioner in service forthwith with full back wages from the alleged date of suspension.