Barbil Workers Union v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 1077 of 2020 Barbil Workers Union ....

Petitioner Mr. P. Nayak, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. D.C.Ojha, Advocate for O.P.No.5

CORAM:

JUSTICE S. TALAPATRA JUSTICE M.S.SAHOO Order No .

ORDER

13.9.2022 5 1. This matter is taken up through hybrid mode.

2. There is no dispute at the bar that the writ petitioner has lost its recognition to represent its members in any proceeding.

3. Mr. P. Nayak, learned counsel appearing for the petitioner has submitted that acceding to the legal consequence, he would not press this petition, without affecting right of the individual workman.

4. Mr. D.C. Ojha, learned counsel appearing for the Management has submitted that the impugned order cannot be challenged in this proceeding. The Government of Odisha by the order dated 1.10.2019 referred the dispute, as described in the Schedule of the reference. The reference has been made for adjudication by the Labour Court, Sambalpur. The reference reads as follows : SCHEDULE "Whether the demand for revision of wages of the regular workmen of M/s. Shree Jagannath Steel & Power Ltd., At Uliburu, PO. Nalada, Dist. Keonjhar is legal and/or justified ? If so, what should be the details ?"

5. Mr. Nayak, learned counsel has submitted that the writ petition has been made to challenge the reference relating to the

place of adjudication only. But since we have already observed that this writ petition has no locus standi to pursue for any right of the workmen, we should not entertain the writ petition. Accordingly, the writ petition stands closed. It is needless to say that the dispute relates to the workmen of Shree Jagannath Steel & Power Ltd. Those workmen may take the appropriate recourse for their representation in the said reference. Interim order as passed earlier, stands vacated. No order as to costs. (S.Talapatra) Judge (M.S.Sahoo) dutta Judge