RADHASHYAM ROUT Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Economic Transport Organisation (opp. party No. 3), as the name indicates, is a transport system by road. Petitioner was employed as a workman under the said Organisation. He was prosecuted in the Court of a Magistrate at Cuttack for the offence of theft under Section 380 I.P.C. Simultaneously petitioner was subjected to a disciplinary proceeding and placed under suspension by order dated 17.11.1973. In the disciplinary action, the workman's services were terminated, but petitioner was acquitted of the criminal charge. Petitioner demanded reinstatement in service after the judgment of acquittal was passed and when the management failed to take him back, a dispute was raised which became the subject -matter of conciliation. The conciliation officer submitted a failure report as per Annexure 7 to the State Government and in due course by order dated 19th March, 1976 (Annexure 8), the State Government passed the following order:

(2.) OPPOSITE parties 1 and 2 have filed a counter - -affidavit through the Deputy Secretary, Labour, Employment and Housing Department and have contended:

(3.) I agree.