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Orissa High CourtWP(C)/1336/2013disposed off

Secretary,Mayurbhanj v. Mohan Ch.Naikandors.

2022-10-27Mr. Justice Arindam Sinha,Mr. Justice Sanjay Kumar Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.1336 of 2013 (Through Hybrid mode) Secretary, Mayurbhanj Central CoOperative Bank Ltd., Baripada ....

Petitioner Mr. Nitish Kumar Mishra, Advocate -versusSri Mohan Charan Naik & Ors.

....

Opposite Parties Mr. A. S. Nandi, Advocate

CORAM:

JUSTICE ARINDAM SINHA JUSTICE SANJAY KUMAR MISHRA Order No.

ORDER

27.10.2022 04.

1.

The writ petition has been listed under heading 'To be Mentioned'.

2.

Mr. Mishra, learned advocate appears on behalf of petitioner and submits, his client has instructed withdrawal of the writ petition. To that effect withdrawal memo dated 26th October, 2022 has been filed.

// 2 // 3.

Mr. Nandi, learned advocate appears on behalf of the workman and submits, by impugned order dated 25th September, 2012 the Labour Court had directed payment of leave salary computed at Rs.24,000/- to be paid within three months therefrom, failing which the amount to carry interest at 10% per annum till realization. He submits, there be direction to comply with impugned order as condition precedent for withdrawal of the writ petition. 4.

Petitioner's position taken to not press the writ petition amounts to acceptance of impugned order. As such, petitioner is liable to pay the computed leave salary along with interest commencing three months from date of impugned order till date of payment. Opposite party no.1 will be entitled to move in execution in event payment is not made within three weeks from date. 5.

The writ petition is disposed of.

( Arindam Sinha ) Judge ( S. K. Mishra ) Judge Prasant