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Judgment
Mr. Jena, learned advocate appears on behalf of petitioners and submits, operational guidelines for Mobile Veterinary Unit (MVU) in Odisha is under annexure-1. He draws attention to procedure for engagement of Veterinary Surgeon and Livestock Inspector for MVUs. The procedure also provides for engagement of attendants, petitioners having been engaged as such. He submits, his clients were retrenched. Impugned award dated 23rd February, 2021 is required to be interfered with. Relied upon procedure is reproduced below.
“Procedure for engagement of Veterinary Surgeon and Livestock Inspector for MVU
The CDVOs will invite applications for engagement of VAS / LI Attendant through display in the office Notice Board of CDVO/SDVO/BDO/ Collectorate/other important offices for wide publication.”
Mr. Rout, learned advocate, Additional Standing Counsel appears on behalf of the management and draws attention to guidelines, as relied upon by his clients. Clauses 1 and 3 of the procedure for engagement is reproduced below.
“Procedure for engagement of Veterinary Surgeon and Livestock Inspector/Attendant for MVU
The CDVOs will invite open applications for engagement of VAS/LI & for engagement of Attendant, the applications should be through a Service Provider. The notice in this regard should be displayed in the office Notice Board of CDVO/SDVO/BDO/ Collectorate/BVO other important offices for wide publication.
The retired/Fresh Veterinary Doctors with valid registration number of Orissa Veterinary Council, retired LI or VT or VSAS are eligible for MVU.
The Service Provider with proper & valid license and authorized to provide Attendants are eligible to apply. ... ... ... ”
(emphasis supplied)
On query from Court Mr. Rout submits, the case filed under section 2-A(2) in Industrial Disputes Act, 1947 was dealt with ex parte. He submits, there should be no interference.
Petitioner is given leave to file additional affidavit disclosing documents tendered in evidence and marked exhibits. The exhibit list and tendered documents must be annexed to the affidavit. The affidavit be filed on adjourned date, upon advance copy served.
List on 11th April, 2023.
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