ORISSA ROAD TRANSPORT COMPANY LIMITED Vs. LALMOHAN MAJHI
HIGH COURT OF ORISSA
ORISSA ROAD TRANSPORT COMPANY LIMITED
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(1.) THIS is an application for a writ of certiorari directed against the award of the Industrial Tribunal, Orissa dated 30th of March, 1971.
(2.) THE petitioner is the employer and opposite party No. 1 was employed formerly as an assistant under the company. By order dated 5th of August, 1969, the general manager of the petitioner-company terminated the services of the opposite part No. 1 with immediate effect. Thereupon opposite party No. 1 applied under Section 33a of the Industrial Disputes Act to the Tribunal claiming that the order of termination was illegal, and without obtaining previous approval or permission of the Tribunal it could not have been made, in view of the fact that Industrial Dispute Case No. 40 of 1966 between the management and the workmen relating to introduction of gratuity scheme was pending adjudication, It was further alleged that the termination was an act of victimisation as opposite party No. 1 was a member of the union executive.
(3.) THE petitioner as opposite party before the Tribunal took the stand that the workman having absented himself from duty for more than seven consecutive days had forfeited his service by the automatic process contemplated in the standing orders and it is not a case where there was any victimisation or termination of service as such.;
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