High CourtsDivision Bench(2022) 11 OHC CK 0056

NTPC Ltd., Talcher Termal Power Station, Talcher vs Presiding Officer, Labour Court, Bhubaneswar And Others

Orissa High Court · Decided on 4 November 2022

HON’BLE JUDGES
Arindam Sinha, J · Sanjay Kumar Mishra, J
RESULT
Disposed Of
CASE NUMBER
RVWPET No. 268 Of 2019

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Judgment

7 paragraphs · 186 words
1.

Mr. Das, learned advocate appears on behalf of petitioner and submits, his client took over the unit on 3rd June, 1995, the appointed day. This was pursuant to Act of the Legislature. He submits, the Act received assent of the President. Liability of the transferor cannot be foisted upon his client. Compensation directed to be paid by order dated 30th July, 2019 is pre-existing liability of the transferor, subsequently pronounced. Hence, his client’s application for review of said order.

2.

Mr. Mohanty, learned advocate appears on behalf of opposite party while Mr. Babu, learned advocate, Additional Government Advocate appears on behalf of State.

3.

Clause-(c) under sub-section (3) in section 18, Industrial Disputes Act, 1947 makes liable, by operation of law, the payment of compensation directed by said order dated 30th July, 2019, modifying award dated 18th November, 2011 having directed reinstatement and back wages.

4.

We require satisfaction from petitioner regarding the Central Act of 1947 prevailing over the State Act, as provided in Article 251 in the Constitution of India.

5.

Mr. Das prays for adjournment.

6.

List on 18th November, 2022.

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