Manmath Mohapatra v. Jaikisan Dasmall

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2791 of 2011 Manmath Mohapatra ....

Petitioner Mr. Satyabrata Mohanty, Advocate -versusM/s Jaikisan Dasmall Jute Products Pvt. Ltd., Balasore ....

Opposite Party M/s. Somanath Mishra and associates, Advocates

CORAM:

THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER

13.04.2022 03.

1. The short point involved in the present petition by the Workman concerns the adequacy of the compensation amount of Rs.25,000/- awarded to him in lieu of reinstatement by the Labour Court, Bhubaneswar by the impugned award dated 13th April, 2010 in I.D. Case No.110 of 1991.

2. Despite finding the termination of his services to be illegal and despite the Workman having worked for nearly 13 years, he has been awarded only Rs.25,000/- as compensation.

3. Learned counsel appearing for the Management states that the Workman has already received the compensation amount of Rs.25,000/- and that the financial condition of the Management is not very good.

4. Be that as it may, considering that the Workman had put in 13 years of service, the Court is of the view that the compensation

amount ought to have been Rs.50,000/- (Fifty thousand) and it is ordered accordingly. The impugned award of the Labour Court, Bhubaneswar stands modified accordingly. If as claimed by the Management, a sum of Rs.25,000/- has already been paid, then the remaining Rs.25,000/- will be paid to the Workman within eight weeks from today.

5. The writ petition is disposed of in the above terms. LCR, if any, be returned forthwith.

6. Urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (M. S. Raman) Judge M. Panda