The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No. 18103 of 2025 1. Amulya Kumar Biswal @ Amulya Biswal 2. Swarnalata Biswal Petitioners …. Mr. Prajit Kumar Pradhan, Advocate -versus- of -cum- 1. State of Odisha represented through Secretary, Commissioner Department and Labour Employment, Bhubaneswar 2. The Commissioner for Employee’s Compensation -Cum- Divisional Labour Commissioner, Angul 3. Arati Mirdha …. Opp. Parties
Decision
JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER 04.09.2025 This matter is taken up through hybrid mode. Petitioners in this writ petition pray for a direction to set Order No. 04. 1. 2. aside the order dated 29th April, 2025 (Annexure-3) passed by the Commissioner for Employee’s Compensation -cum- Divisional Labour Commissioner, Angul in E.C. Case No. 6 of 2025. 3. Finding a prima facie case in favour of the Petitioners, this Court vide order dated 10th July, 2025 issued notice to the Opposite Parties. 4. In its order dated 18th August 2025, this Court recorded that AD on Opposite Party No.3 has not returned, but postal tracking report indicates that item (the notice) has already been delivered in the address. Hence, Registry was directed to verify as to whether any counsel has entered appearance on behalf of Opposite Party No.3 or not. Page 1 of 4 5. In response to the said direction, Registry intimated that no counsel has entered appearance on behalf of the Opposite Party No.3. Since postal tracking report indicates that the consignment (the notice) made to Opposite Party No.3 was delivered in her address, this Court treating the notice on Opposite Party No.3 to be sufficient proceeds to adjudicate the matter. 6. Mr. Prajit Kumar Pradhan, learned counsel for the Petitioners submits that the Opposite Party No.3 being the claimant filed E.C. No.6 of 2025 towards compensation for the sad demise of her husband, namely, Arta Mirdha who was working as a mason under the present Petitioners for construction of their building. It is submitted that notice was served on the Petitioners to file the written statement and participate in the hearing of the E.C. Case No.6 of 2025. Although month and year of the date of posting of the case were mentioned in the notice, but the date was left blank therein. Thus, the Petitioners could not take step to appear and file written statement. On 30th April, 2025, the representative of the Petitioners went to the office of the Divisional Labour Commissioner, Angul to enquire about the matter and came to know that the impugned order has been passed on 29th April, 2025. Hence, finding no other alternative, this writ petition has been filed for the aforesaid relief. 7. Mr. Swayambhu Mishra, learned Additional Standing Counsel referring to the counter affidavit filed by the Divisional Labour Commissioner, Angul Branch, Angul submits that notice in the E.C. Case No. 6 of 2025 was served on the Petitioners to appear and file written statement, but they failed to appear and contest the proceeding. Sufficient cause for non-appearance of the Petitioners has not been stated in the writ petition. As such, the Commissioner Page 2 of 4 has not committed any error in passing the impugned order under Annexure-3 in absence of the Petitioners. He, therefore, prays for dismissal of the writ petition. 8. Taking note of the submission made by learned counsel for the parties and on perusal on the record, it appears that vide Annexure-2 notices were issued to the Petitioners to appear and file their written statement. It is submitted by learned counsel for the Petitioners that the notice under Annexure-2 was served on them. On perusal of the copy of notice under Annexure-2, it appears that though the month and year of posting of the case has been mentioned therein, but date was left vacant. For better appreciation the relevant portion of the notice under Annexure-2 is reproduced hereunder; “Send copy along with copy of claim application to the Ops. with a direction to appear on .04.2025 and file their respective written statement. Put up on .04.2025.” 8.1. However, it appears from Annexure-B/1, i.e., the notice issued to the Petitioners in the said case, the date of posting of the case was mentioned as 10th April, 2025. It further appears that the date of posting of the case was hand written one although the month and year of the date of posting was printed one. The grievance of the Petitioners that the date of the posting of the case was left blank in the notice served on them, cannot also be ruled out. 8.2. Since the Petitioners allege that they have not been given opportunity to file written statement and participate in the hearing of E.C. Case No. 6 of 2025 and the copy of the notice in the E.C. Case No. 6 of 2025 annexed as Annexure-2 reveals that that the date to which the case was posted was kept vacant although the Page 3 of 4 month and year has been printed therein, this Court feels that they should be given another opportunity to participate in the case by filing written statement. 9. Accordingly, the impugned order dated 29th April, 2025 (Annexure-3) passed by the Commissioner for Employee’s Compensation -cum- Divisional Labour Commissioner, Angul in E.C. Case No. 6 of 2025 is set aside and the matter is remitted to the Authority for fresh adjudication of the E.C. Case No. 6 of 2025 providing opportunity to the Petitioners to file the written statement and contest the case. It is made clear that no further notice for appearance of the Petitioners in the case shall be issued but notice shall be issued to the claimant-Opposite Party No.3, namely, Arati Mirdha, W/o. Late Arta Mirdha for her appearance. The Petitioners shall appear on 22nd September, 2025 along with certified copy of this order to receive further instruction in the matter. It is made clear that this Court has not expressed any opinion on the merit of the case of either of the parties. 10. It is also made clear that the Divisional Labour Commissioner, Angul shall act upon production of certified copy of this order and proceed with the matter accordingly. The Petitioners shall cooperate with the Divisional Labour Commissioner, Angul for early disposal of the E.C. Case No. 6 of 2025. Urgent certified copy of this order be granted on proper application. Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 09-Sep-2025 16:07:01 (K.R. Mohapatra) Judge (Savitri Ratho) Judge Page 4 of 4