LAWS(SC)-2024-10-46

LENIN KUMAR RAY Vs. EXPRESS PUBLICATIONS (MADURAI) LTD

Decided On October 21, 2024
Lenin Kumar Ray Appellant
V/S
Express Publications (Madurai) Ltd Respondents

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals arise from an order dtd. 4/4/2022 passed by the High Court of Orissa at Cuttack [Hereinafter shortly referred to as "the High Court"] in Writ Petition (Civil) No.2083 of 2011, whereby, the High Court partly allowed the said writ petition filed by M/s. Express Publications (Madurai) Ltd. [For short, "the management"] challenging the award dtd. 22/9/2010 passed by the Labour Court, Bhubaneswar [Hereinafter shortly referred to as "the Labour Court"] in I.D. Case No.27 of 2007. By the impugned order, the High Court set aside the award of the Labour Court to the extent that the employee is to be reinstated and to be paid compensation of Rs.75,000.00 in lieu of back wages, while upholding the finding of the Labour Court that the employee falls under the definition of "workman" as given in Sec. 2(s) of the Industrial Disputes Act, 1947 [For short, "the I.D. Act"].

(3.) Feeling aggrieved and being dissatisfied with the respective portion of the impugned order of the High Court, both the parties have preferred the instant appeals.