Amulya Ku.Maharana v. R.D.,R.D.Of Educatio

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 12739 of 2010 Amulya Kumar Maharana ....

Petitioner Mr. Sabyasachi Tripathy, Advocate -versusRegional Director, Regional Directorate of Education, Odisha ...

Opposite Party Mr. A.P. Das, Addl. Standing Counsel

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK

ORDER

25.04.2022 08.

1. The challenge in the present petition is to an Award dated 2nd Order No.

December, 2009 passed by the Labour Court, Jeypore in I.D. Case No.2 of 2007. The question referred to the Labour Court for adjudication reads as under:

"Whether the termination of services of Sri Amulya Kumar Moharana, Ex-Dak Peon by way of refusal of employment with effect from 1.1.2004 by the Regional Director, Regional Directorate of Education, Berhampur is legal and/or justified ? If not, to what relief the workman is entitled. ?

2. The factual finding of the Labour Court is that the Petitioner did not work for 240 continuous days in the calendar year preceding the termination of his service. Further, it appears that he was appointed only at the instance of the Opposite Party, who was a close relative. The appointment itself was illegal. Therefore, the question of compliance of Section 25-F of the I.D. Act, 1947 did not arise.

3. Having heard learned counsel for the Petitioner, the Court is not satisfied that any ground has been made out to interfere with the impugned Award of the Labour Court. The writ petition is dismissed.

(Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Jena/Secy.