The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.18234 of 2023 Radheshyam Sahu …. Petitioner State of Odisha and others …. Opposite Parties Mr. A. Ray, Advocate -versus-
Legal Reasoning
Mr. T. Pattanaik, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 21.06.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ petition and the documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “It is therefore, prayed that this Hon’ble Court may graciously be pleased to: Admit the present Writ Petition, call for the records, after hearing the parties and thereby issue a writ in the nature of Mandamus or/and writ of Certiorari or/and any other appropriate Writ of like nature and Direction(s) or Order(s) 1. To Opp. Party No.1-3 to regularize the services of the petitioner as per Directorate of Textiles vide Order No.2179 09.02.2011 (Annexure-1) and Ld. Labour Court order dated 25.03.2019 (Annexure-8) and cause payment of all the accrued benefits and arrears to the Petitioner within 2 months-time and/or; dated Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 23-Jun-2023 11:24:30 // 2 // 2. In the alternate, direct the Opp. Party No.1-3 to regularize the services of the Petitioner at par with Gopal Krishna Dash and Dillip Bhoi as per order dated 31.12.2022 (Annexure-9) subject to outcome of W.P.(C) No.9325 of 2019 And Further pass such other orders as this Hon’ble Court deems fit and proper in the interest of justice and good conscience.” 4. It is submitted learned counsel for the petitioner that the petitioner was working under the Management of Sambalpuri Bastralaya Handloom Cooperative Society Ltd., Bargargh, which is functioning under the administrative control of Directorate of Textiles since more than two decades on regular basis. The sole grievance of the petitioner as involved in the present writ petition is that the salary of the petitioner has not been revised pursuant to the letter dated 9th of February, 2022 of the Directorate of Textile under Annexure-1. On perusal of the letter dated 9th of February, 2022 of the under Annexure- 1, it appears that the salaries of the petitioner and similarly situated other persons were last revised in the year 1994. 5. Further, learned counsel for petitioner also contended that the aforesaid facts have also been reflected in the order passed by the Labour Court. On a reference made, the Presiding Officer, Labour Court, Sambalpur in I.D. Case No.03 of 2014 passed an award dated 25.03.2019. 6. On perusal of the award passed by the Presiding Officer, Labour Court, Sambalpur in I.D. Case No.03 of 2014 dated 25.03.2019, it appears that the Presiding Officer, Labour Court, Sambalpur answered Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 23-Jun-2023 11:24:30 the reference, on contest, in favour of the workmen and against the Management. Accordingly, it was directed that the Management shall regularize the service of the petitioners with effect from 01.04.2011 and to pay all accrued service benefits to them within a period of three // 3 // months from the date of the award. 7. It was also contended by learned counsel for the petitioner that such benefits have been given to one Gopal Krushna Das and Dillip Kumar Bhoi with effect from the year 2015. As a result of which they have asserted the decision of the authorities as the benefits have not given to the above noted workmen since 2017. He has also submitted that the decision of the authorities has been challenged by filing a writ application, which is stated to be pending before this Court. Since the petitioners are similarly situated with the above named two persons, similar benefits may also be extended in favour of the petitioner. Accordingly, learned counsel for the petitioner submitted that the petitioner had earlier approached the Managing Director, Sambalpuri Bastralaya Handloom Cooperative Society Ltd., Bargargh by filing a detailed representation through the Sambalpuri Bastralaya Employees Union under Annexure-10 to the writ application. He further submitted that no decision has been taken on such representation as of now and the same is still pending. 8. Learned counsel for the State, on the other hand, submitted that the present writ application is not maintainable as per law since an alternative remedy is available to the petitioner. He further submitted that the petitioner has directly approached this Court by filing the present writ application, rather he should have approached the Presiding Officer, Labour Court, Sambalpur and in such eventuality a direction be given to the effect that in the event it is found that the petitioner is similarly situated with the above named two persons, then similar order may be passed in petitioner’s case. Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 23-Jun-2023 11:24:30 9. Considering the submissions made by learned counsels for the respective parties, on a careful scrutiny of the background facts of the present case and particularly, keeping in view the fact that the // 4 // representation dated 08.02.2023 submitted by the Secretary of the Sambalpuri Bastralaya Employees Union to the Managing Director, Sambalpuri Bastralaya Handloom Cooperative Society Ltd., Bargargh is pending for consideration, this Court deems it proper to dispose of the writ application at the stage of Admission by directing the Managing Director, Sambalpuri Bastralaya Handloom Cooperative Society Ltd., Bargargh-Opposite Party No.3 to consider the representation dated 08.02.2023 under Annexure-10 strictly in accordance with law and keeping in view the award passed by the Presiding Officer, Labour Court, Sambalpur within a period of three months from the date of communication of a certified copy of this order. The Opposite Party No.3 is further directed to consider the claim of the petitioner and dispose of the representation by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter. 10. Further, it is directed that in the event it is found that the petitioner stands on a similar footing with the above named two persons, then similar benefits be given to the petitioner within the aforesaid time. 11. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Jagabandhu Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 23-Jun-2023 11:24:30 ( A.K. Mohapatra) Judge