Ashok Ku.Sahoo v. P.O.,Labour Court

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.53 of 2010 Ashok Kumar Sahoo ....

Petitioner Mr. P.K. Sahoo, Advocate -versusThe Management of M/s. Cadila Pharmaceuticals Ltd.

....

Opposite Party None

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK

ORDER

06.01.2022 10.

1. This present petition by the Workman challenges an Award Order No.

dated 31st March 2009 passed by the Labour Court, Bhubaneswar in I.D. Case No.34 of 2003 only in so far as limiting the back wages to Rs.50,000/-.

2. In the impugned Award, the Labour Court came to the conclusion that the termination of the Petitioner's service by the Opposite Party-Management was illegal and ordered his reinstatement. However, the back wages were limited to Rs.50,000/-.

3. In para 13 of the writ petition, it is pointed out that the Petitioner remained out of employment, for no fault of his, for more than seven years and his last monthly salary prior to termination was Rs.10,300/-. The loss of earnings during the period that he was out of service was more than Rs.10.5lakhs.

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4. Despite notice in the present petition, no counter affidavit has been filed. None appears for the Opposite Party today although a vakalatnama was filed on its behalf by one Mr. Hemanta Kumar Mohanty, Advocate.

5. Having heard learned counsel for the Petitioner, the Court enhances the back wages as ordered in the impugned Award to Rs.2,00,000/- (two lakhs). The impugned Award is modified only to the above extent. The writ petition is disposed of.

6. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice ( R.K. Pattanaik ) Judge S.K. Guin