BIMBADHAR NAYAK Vs. MANAGING DIRECTOR,TRIBAL DEVELOPMENT CO-OPERATIVE CORPORATION OF ORISSA LIMITED AND OTHERS

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India wherein the order dated 25.2.1994 passed by the Labour Court, Bhubaneswar in Industrial Dispute Case No.55 of 1992 is under challenge whereby and whereunder instead of passing order of reinstatement in service, compensation to the tune of Rs.5000/- has been directed to be paid to the petitioner.

(2.) The petitioner has raised a dispute against his termination, accordingly reference has been made referring the issue of termination before the Labour Court, Bhubaneswar, the Labour Court after appreciating the materials available on record has passed an award by declaring the order of termination as illegal due to violation of the provisions of Section 25-F of the Industrial Disputes Act and directed to pay compensation to the tune of Rs.5000/- in lieu of reinstatement and back wages, the said award is under challenge in this writ petition.

(3.) Learned counsel for the petitioner has submitted that since there is violation of provisions of Section 25-F of the Industrial Disputes Act and as such the petitioner ought to have been reinstated in service instead of directing to pay compensation to the tune of Rs.5000/-.