Sun Pharmaceutical Industries vs State Of Odisha And Another
2021 Latest Caselaw 6348 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.6156 of 2017


            Sun Pharmaceutical Industries       ....            Petitioner
            Ltd.
                                Mr. Sourya Sundar Das, Senior Advocate
                                     -versus-
            State of Odisha and another         ....    Opposite Parties
                                 Mr. Jagannath Patnaik, Senior Advocate


                     CORAM:
                     HONOURABLE KUMARI JUSTICE S. PANDA

AND HON'BLE MR. JUSTICE S. K. PANIGRAHI Order No. ORDER 11.06.2021

11. 1. Mr. Sourya Sundar Das, learned Senior Advocate for the petitioner and Mr. Jagannath Patnaik, learned Senior Advocate appearing for the Opposite Party No.2 are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in presence of learned counsels for the parties, and the order is passed accordingly as follows:-

2. In our considered opinion, the act of suspension and subsequent termination of Opposite Party No.2 without due compliance of the principle of natural justice vitiates the proceedings, dehors sufficient reasons, smacks arbitrariness and mala fide. Hence, the order dated 31.12.2016 passed in I.D. Case No.32 of 2015 by the learned Presiding Officer, Labour Court, Bhubaneswar is affirmed but the direction of 50% back wages granted to the opposite party No.2 is modified and made 100%.

3. The Writ Petition is accordingly disposed of. No order as to cost.

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4. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March 2020.

(S. Panda, J.)

(S. K. Panigrahi, J.)

AKK/AKP