Chairman,Mc,Cfh Sche v. Gen.Secy,Utkal Port

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.720 of 2013 Chairman, Management Committee (CFH Scheme), Paradip Port Trust, Paradip ....

Petitioner Mr. Gautam Misra, Senior Advocate -versusThe General Secretary, Utkal Port & Dock Workers' Union, Paradip Port, Paradip ....

Opposite Party M/s. Sanjat Das, Advocate and associates

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK

ORDER

18.07.2022 Order No.

04.

1. In the judgment dated 13th May 2022 in W.P.(C) No.20007 of 2013 (M/s. Orissa Forest Development Corporation Limited v. Minati Behera), this Court has followed the judgment of the Allahabad High Court in I.C.I. India Ltd. v. Labour Court (IV) (1992) SCC OnLine All 311 declaring Section 36 (4) of the Industrial Disputes Act, 1947 as unconstitutional.

2. In that view of the matter, the impugned order dated 28th August 2012 passed by the Central Government Industrial Tribunal-cumLabour Court, Bhubaneswar (Tribunal) in I.D. Case No.6 of 2009 is hereby set aside. The said case will now be listed before the Tribunal on 22nd August 2022, being proceeded with further in accordance with law.

3. The writ petition is disposed of in the above terms. The interim order passed earlier in the present petition stands vacated.

4. Issue urgent certified copy of this order as per Rules. (Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Guin