Chaitanya Bhoi v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2971 OF 2022 Chaitanya Bhoi & Ors.

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Petitioners Mr. Subhransu Bhusan Mohanty, Advocate -versusUnion of India & Ors.

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Opposite Parties Mr. J. Katikia, AGA Mr. P.S. Nayak,CGC for OP Nos.1,6 & 7.

Mr. Satyabrata Panda for OP No.2

CORAM:

JUSTICE C.R. DASH JUSTICE SAVITRI RATHO

ORDER

01.02.2022 Order No.

01.

1.

This matter is taken up through Virtual Mode. 2.

Heard Mr. Subhransu Bhusan Mohanty, learned counsel for the petitioners, Mr. P.S. Nayak, learned Central Government Counsel for Opposite Parties 1, 6 and 7 and Mr. Satyabrata Panda, learned Central Government Counsel for Opposite Party No.2. 3.

A Conciliation Proceeding under Section-33 of the I.D. Act is stated to be pending vide Annexure-22 before the Regional Labour Commissioner (Central), Bhubaneswar.

4.

It is submitted that, during pendency of the Conciliation Proceeding, the petitioners are entitled to protection. While the Conciliation Proceeding is pending before the Competent Authority, we are not inclined to interfere in the matter at this stage. But we deem it proper to dispose of the writ petition with the observation that, the Regional Labour Commissioner (Central), Bhubaneswar, before whom the Conciliation Proceeding under Section-33 of the Act is pending may take up the issue on being moved for giving statutory protection to the petitioners with reference to Order dtd. 05.01.2021 under Annexure-12.

5.

The entire exercise be completed within a period of one month from the date of filing of a petition by the petitioners. 6.

The petitioners are directed to supply a copy of the writ petition containing all the annexures along with certified copy of this order to Opposite Party No.7 for convenience and reference to Annexures-12 and 22.

7.

The writ petition is accordingly disposed of. 8.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice

No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January,2022. ( C.R. Dash ) Judge ( Savitri Ratho ) Balaram Judge