SUN PHARMACEUTICAL INDUSTRIES LTD Vs. STATE OF ODISHA
LAWS(ORI)-2021-6-52
HIGH COURT OF ORISSA
Decided on June 11,2021

SUN PHARMACEUTICAL INDUSTRIES LTD Appellant
VERSUS
STATE OF ODISHA Respondents


Referred Judgements :-

SHIV NANDAN MAHTO VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

S.K.PANIGRAHI,J. - (1.)The petitioner by way of this writ petition, assails the award dtd. 31/12/2016 in I.D. case No. 32 of 2015 passed by the learned Presiding Officer, Labour Court, Bhubaneswar holding that the present petitioner was bound by the reference by Government and directing reinstatement of the Opposite Party No.2 with further direction to pay 50% back wages.
(2.)The factual conspectus of the present petition hovers around the order of termination of the opposite party No.2 w.e.f. 18/2/2014 and the alleged dispute was set into motion based upon a reference vide letter No.4643-IR(ID)-16/2015-LESI dtd. 22/5/2015 by the Government of Odisha, in the Labour and E.S.I. Department which runs as follows:
"Whether the termination of the services of Shri Niranjan Sahoo, Ex-District Manager, Maxxim by the management of M/s. Ranbaxy Laboratories Ltd., Maxxim Division, Western EdgeI, Unit No.201-204, 2nd Floor, Western Express Highway, Borivali (East), Mumbai, having their Regional Office at OLISA House, 2nd Floor, 4, Govt. Place (North), Kolkata-1 with effect from the 18/2/2014 is legal and/or justified? If not, to what relief the workman is entitled?"

(3.)The Opposite Party No.2 was employed with the erstwhile M/s. Ranbaxy Laboratories Ltd. as District Manager and was posted at Bhubaneshwar Headquarters w.e.f. 3/5/2010 in Maxxim Strategic Business Unit. During the short period of his joining in duty, his superiors identified issues of poor attitude, performance and team management by the Opposite Party No.2 and based on the same, the Regional Manager started conducting monthly reviews to guide and monitor him. On seeing, no significant improvement in the performance of the Opposite Party No.2 and the issues continued as such, it was recommended by the Strategic Business Unit to have his performance reviewed at Head Office, Mumbai. Accordingly, he was called to Head Office on 27/5/2012 and his performance was reviewed in the presence of HR and National Sales Manager. During the review process, it was observed that he was defiant on most of the points, even to the extent that he refused to sign the minutes of the meeting so held.


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