M.D.Oshwcs Ltd. v. Prafulla Ku.Kundu

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13817 of 2013 The Managing Director, Orissa State Handloom Weavers Coop.

Society Ltd.

....

Petitioner Mr. S.K. Pattnaik, Advocate -versusSri Prafulla Kumar Kundu ....

Opp. Party

CORAM:

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

ORDER

04.07.2022 06.

1. At the outset, learned counsel for the workman states that the workman has already taken back the papers from him.

2. The present petition is directed against an order dated 18th March, 2013 passed by the Labour Court, Bhubaneswar in I.D. Misc. Case No.61 of 2008 which is an application filed by Opposite Party workman under Section 33C (2) of the Industrial Disputes Act, 1947 (ID Act) claiming Rs.1,16,984.25p towards the subsistence allowance @ 75% for the period 01.01.1998 to 03.03.2000 during the period of his suspension.

3. Another writ petition had been filed by the Management being W.P.(C) No.8008 of 2008 against another order dated 18th August, 2007 of the Labour Court, Bhubaneswar in I.D. Misc. Case No.229 of 1997 being another application filed by the very same Opposite Party workman under Section 33C(2) of the I.D. Act claiming subsistence allowance for the period October,

// 2 // 1993 to December, 1997. That writ petition was allowed by this Court on 24th February, 2022 by setting aside the impugned order of the Labour Court.

4. In as far as the facts are identical and since the present petition pertains to later period i.e. 01.01.1998 to 03.03.2000, for the reasons stated that order, the impugned order of the Labour Court is hereby set aside.

5. The writ petition is disposed of in the above terms. (Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge KC Bisoi