Decided on June 18,1978

Brajamohan Bahidar Appellant
Chairman, Notified Area Council, Kantabanji Respondents


- (1.) The petitioner entered service under the Notified Area Council, Kantabanji as a Assistant Tax Moharir for a period of three months from the date of joining in that post. His appointment letter is annexure-1 dated 22-10-63. He continued in that post on temporary basis for six years. Subsequently on 21-7-69 by Annexure-3, the petitioner was relieved of his post as Assistant Tax Moharir and reposted as office peon. This Annexure-3, which the petitioner calls to be an order of reversion, was passed in pursuance of a resolution passed by the Notified Area Council, a copy of which is annexure-2. Again the Notifitied Area Council by its resolution dated 26-9-69 (Annexure-4) decided to terminate the services of the petitioner and in pursuance of this resolution his services were terminated as per Annexure-5, which runs as follows: "Office of the Notified Area Council, Kantabanji. Order No......./NA dated the 15/16th October, 69. The services of Sri Braja Mohan Bahidar Peon (A. T. M.) is no longer required by this Notified Area Council as per the Council decision passed in their meeting vide resolution No. 6 dated 23-9-69 with effect from 16th October, 1969. Sd/- Chairman Notified Area Council, Kantabanji. Memo No. 925(3)/NA. dated the 15/16th Oct., 69. Copy to person concerned for information and necessary action. Copy to order Book. Copy to Cashier. By order of the Council Sd. 5.10 Executive Officer, Notified Area Council, Kantabanji." The petitioner has alleged that Annexures 3 and 5 were passed as a result of the mala fide action of the then Chairman, Notified Area Council Sri Harikishan, Some allegations of personal grudge have been made against the said Chairman.
(2.) After Annexure-5 was issued, the petitioner approached Opposite parties 1 and 3 and other concerned authorities against the orders comprised in Annexures 3 and 5 and ultimately filed an appeal to the Government under Section 77 (1) (b) of the Orissa Municipal Act. The appeal, however, was rejected as found from the order of the Under Secretary to Government communicated to the petitioner contained in Annexure-8 on 9. 9. 71.
(3.) The petitioner also approached the Labour Department of Government of Orissa for redress under the Industrial Disputes Act. The Conciliation Officer-cum- Assistant District Labour Officer, Bolangir reported the factual failure of the dispute between the Notified Area Council and the petitioner. His termination is impeached on the ground that his case has not been dealt with under sections 25-F, 25-G and 25-H of the Industrial Disputes Act.;

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