High CourtsDivision Bench(2023) 12 OHC CK 0026

Bivekananda Nayak vs Management Of M/S. Odisha Small Industries Corporation Ltd., Cuttack And Another

Orissa High Court · Decided on 4 December 2023

HON’BLE JUDGES
Arindam Sinha, J · S.S. Mishra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 10101 Of 2023

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Judgment

5 paragraphs · 186 words
1.

Ms. Mohapatra, learned advocate appears on behalf of petitioner. She submits, impugned is award dated 4th December, 2021, by which compensation instead of reinstatement was directed. She submits, it was a clear case of retrenchment and her client being, at retrenchment only 32 years old i.e. with effect from 28th February, 2018, there should have been direction for reinstatement with full back wages.

2.

She submits, her client applied pursuant to notice disclosed as annexure-1, in which requirement was for the application to reach the Managing Director on or before 24th April, 2012. The contractual appointment was said to be for supervision of project work in the posts of Supervisor, Assistant Manager and Data Entry Operator. Her client was appointed as Area Sales Officer, clearly outside the project cited in the advertisement. Hence, when her client demanded government approved scale of pay there was allegation of non-performance and termination.

3.

Mr. Mohapatra, learned advocate appears on behalf of the management. He will be heard on adjourned date on whether there should be scrutiny by Court invited by petitioner.

4.

List on 18th December, 2023.

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