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Orissa High CourtWP(C)/2251/2009disposed off

Sundargarh Co-Op. v. Asst.Labour Officer

2022-01-06Dr. Justice S. Muralidhar (Cj),Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.2251 of 2009 Sundargarh Cooperative Agricultural and Rural Development Bank Ltd., Sundargarh ....

Petitioner Mr. S. C. Rath, Advocate -versusAssistant Labour Officer and Inspector, Sundargarh and another ....

Opposite Parties Smt. S. Pattanayak, AGA and M/s. B. Mohapatra and associates, Advocate for Opp. Party No.2

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK Order No.

ORDER

06.01.2022 07.

1. Aggrieved by an order dated 6th December, 2003 passed by the Statutory Authority under the Payment of Wages Act requiring the Petitioner to pay to Opposite Party No.2 Rs.99,127/-, long after the execution case was filed, the present petition was filed.

2. It appears that on 20th May, 2009, this Court had directed that "in the meantime realization of fine shall remain stayed." Apparently, there was no fine amount to be paid by the Petitioner. Learned counsel for the Petitioner states that only two more installments had to be paid and, in any event, that payment was not stayed by this Court.

3. Considering that the Petitioner has already benefited by not paying the remaining two instalments, if one were to calculate the

interest on the said amount accrued in favour of the Petitioner, it would be much more than the balance amount required to be paid by the Petitioner.

4. In the facts and circumstances of the case, the Court is not inclined to interfere. Leaving all questions of law arising from the impugned order open for decision in some other appropriate case, the writ petition is dismissed.

(Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge M. Panda