ORIENT PAPER MILLS Vs. ABHIMANYU BEHERA

JUDGEMENT

(1.) The present writ petition has been preferred by the Management of Orient Paper Mills, Bhubaneswar, under Article 226 and 227 of the Constitution of India challenging the award dtd. 31/3/2018, passed by the learned Labour Court, Bhubaneswar in I.D. Case No.104 of 2000.

(2.) Vide the said award, learned Labour Court, Bhubaneswar, answered issue no.1 regarding termination of service of the Opposite Party-Workman by way of refusal of employment w.e.f 14/2/1999 to be illegal and unjustified. Accordingly, so far as issue No.2 regarding relief, it granted the relief of a lump sum compensation of Rs.4,00,000.00 (Rupees Four Lakhs only), to be paid to the Opposite Party-Workman within a period of three months from the date of publication of the said award, with an observation that if the Management fails to pay such compensation awarded in favour of the Opposite Party-Workman, the same shall carry a simple interest of 6% per annum till it is paid to the Opposite Party-Workman.

(3.) As is revealed from the record so also impugned award, passed in I.D. Case No.104 of 2000, the case of the Opposite Party-Workman (Second Party-Workman before the Court below) is that he was initially engaged under the Resident Officer of the Management at Bhubaneswar since 1984 on a daily wage of Rs.25.00. Subsequently, he was appointed as a Watchman vide office order dtd. 2/9/1993 on a consolidated salary of Rs.885.00 per month w.e.f 1/8/1993. Thereafter, the workman approached the District Labour Officer (DLO), Khordha vide his petition dtd. 23/2/1999 alleging non-payment of arrear wages, statutory bonus and minimum wages etc. During joint enquiry, the Management contended that his service has already been terminated. It was the case of the Opposite Party-Workman that the Management abruptly terminated his service without observing any formalities and without affording any opportunity of hearing and thereby violating the principles of natural justice.