Keonjhar Central Coo v. Khetrabasi Mishra

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.4012 of 2013 Keonjhar Central Cooperative Bank Limited, Keonjhar ....

Petitioner Mr. Pitambar Acharya, Senior Advocate -versusKhetrabasi Mishra and another ....

Opposite Parties Smt. S. Pattanayak, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK

ORDER

14.02.2022 Order No.

05.

1. The challenge in the present petition by the Petitioner is to an order dated 31st March, 2007 passed by the Labour Court, Sambalpur in ID Misc. Case No.16 of 2004. These were proceedings under Section 33-C (2) of the Industrial Disputes Act, 1947 (I.D. Act) claiming wages for the duties performed by the Opposite Party No.1 while he was working as the Cadre Secretary of Khalana Service Co-operative Society.

2. The grievance of the Petitioner is that without examining the question of maintainability of such application, the impugned order has been passed with a direction to the present Petitioner to pay a sum of Rs.1,53,251/-.

3. It is not known what the current status of Opposite Party No.1 is. In the circumstances, the only direction that can be issued is for the

impugned order to be set aside and for the matter to be remanded to the Labour Court, Sambalpur for deciding afresh the question of maintainability. It is so ordered.

4. A copy of this order be sent to the Labour Court, Sambalpur forthwith for compliance.

5. The writ petition is disposed of accordingly.

6. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge M.Panda