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2016 DIGILAW 776 (ORI)

AKHILESWAR GIRI v. STATE OF ORISSA

2016-09-09

S.N.PRASAD, SANJU PANDA

body2016
JUDGMENT : S.N. Prasad, J. - This writ petition has been filed for implementation of the award as contained in Annexure-1. 2. The award has been passed in terms of the reference, i.e. "Whether the action of the management of M/s Largesized Multipurpose Cooperative Society Ltd., Champua in terminating the services of Sri Akhileswar Giri (Jr. Salesman) w.e.f. 9.8.83 is legal and/or justified? If not, to what relief Sri Giri is entitled ?" 3. Labour Court has answered the reference holding that termination of the work to be illegal and unjustified and accordingly directed to reinstate the workman to service with full back wages. 4. Direction to implement the award cannot be passed by the High Court in exercise of power under Article 226 of the Constitution of India since High Court cannot be said to be an executive Court. Moreover, the Industrial Disputes Act, 1947 contain a provision for implementation of the award, hence the writ petition is disposed of with the liberty to the petitioner to take recourse of the provisions of the Industrial Disputes Act,1947 for enforcement of the award. With this observation, the writ petition is disposed of. Final Result : Disposed Of