Jagabandhu Mishra v. Principal,Mbj Homeo

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18689 of 2013 Jagabandhu Mishra .... Petitioner Mr. Tanmay Mishra, Advocate -versus- ....

The Principal, Mayurbhanj Homeopathic Medical College and another Opp. Parties

CORAM:

THE CHIEF JUSTICE JUSTICE R.K.PATTANAIK Order No.

ORDER

04.07.2022 03.

1. The limited challenge in the present petition by the workman to the award dated 4th March, 2013 is only to the extent that while ordering reinstatement, the Labour Court declined to pass an order regarding back wages "in absence of any evidence to the effect that during the period of his unemployment he was not gainfully employed elsewhere".

2. Learned counsel for the Petitioner states that the Petitioner was perhaps not aware that he was required to file an affidavit to the above effect and therefore, he should not be deprived of the back wages. In the absence of such affidavit, the Labour Court was justified in declining the back wages.

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3. The Court is unable to find any error having been committed by the Labour Court in that regard.

4. The writ petition is accordingly dismissed. (Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge KC Bisoi