Md,Lingaraj Biscuit v. P.O.Labour Court

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.20396 of 2013 Managing Director, Lingaraj Biscuit Pvt. Ltd.

....

Petitioner Mr. S.K. Dey, Advocate -versusPresiding Officer, Labour Court, Bhubaneswar and others ....

Opposite Parties Mr. D. Nayak, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK

ORDER

08.08.2022 03.

1. The challenges by the Management in this writ petition is to an Order No.

order dated 13th June, 2013 passed by the Labour Court, Bhubaneswar in I.D. Misc. Case No.34 of 2012 i.e. in an application filed by the Opposite Party No.2 Workman under Section 33(C) (2) of the Industrial Dispute Act, 1947 (I.D Act).

2. The above order of the Labour Court followed an award dated 30th March, 2010 whereby after finding the termination of the services of the Opposite Party No.2 to be illegal, the Labour Court directed reinstatement together with longsome amount of Rs.20,000/- as compensation 'in lieu of back wages' on 23rd September, 2010.

3. However, while computing the amount by the impugned order dated 13th June 2013, the Labour Court appears to have in fact

included the back wages which was not permissible since the amount of compensation of Rs.20,000/- was awarded in lieu of back wages.

4. Consequently, the impugned order of the Labour Court dated 13th June, 2013 is modified and the Opposite Party No.2 is held entitled to receive is Rs.20,000/- as compensation together with interested already directed by the Labour Court in the award dated 23rd September, 2010.

5. The writ petition is disposed of in the above terms. (Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge TUDU