AMIYA CHARAN JENA Vs. MANAGING DIRECTOR ORISSA

JUDGEMENT

(1.) BENCH of this Court while hearing OJCs 3638 and 3668 of 1992 entertained doubt regarding correctness of the judgment dated. 5 -11 -1993 rendered in OJC No. 3883/92 (Hrushikesh Mohanty v. Managing Director, Orissa State Handloom Development Corporation Ltd. and others) and referred the matter to a larger Bench. Subsequently, OJC No. 1152/95 was also heard along with the aforesaid cases. The order of reference in OJCs 3638 and 3668 of 1992, which is dated 2 -5 -1995, reads as follows :

(2.) BEFORE proceeding to consider the reference, we may refer to the provisions of the Orissa State Handloom Development Corpora - ' lion Limited Employees Service Rules, 1986 (for short, 'the Rules'). Rules 1.6, 17, 18, 19 and 20, which are relevant for the present purpose, are quoted below :

(3.) IT is the settled -law that while interpreting a statute, it is the duty of the Court to go into the intention of the Legislature, and if a provision is open to more than one interpretation, the Court has to accept that interpretation which reflects the true intention of the Legislature. It is also the settled -position of law that a statute must be read as a whole and every section should be construed with reference to the context of other sections of the Act as far as possible to make it consistent with the subject -matter of the Act. This proposition would also apply while interpreting Rules.