M/S.Krishi Rasayan P v. Sudhansusekhar Tripa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No. 8774 of 2013 M/s. Krishi Rasayan Pvt. Ltd.

....

Petitioner Mr. Somanath Mishra, Advocate -versusSudhansusekhar Tripathy ....

Opposite Party None

CORAM:

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

ORDER

08.08.2022 11.

1. This present petition has been filed challenging an order dated 16th March 2013, passed by the Labour Court, Bhubaneswar in Restoration Lease Case No.15 of 2011 arising out of I.D. Case No.22 of 2009 praying that the Executive Officer, Puri Municipality should be impleaded as a party.

2. The Labour Court has rejected the plea on the ground that there was no material on record to suggest that the Executive Officer, Puri Municipality is a necessary party and that the agreement filed also did not disclose the same.

3. This Court has also perused the same agreement dated 23rd July, 2008 between the Petitioner and Puri Municipality. The only clause referred to by learned counsel for the Petitioner is Clause-2(J) regarding responsibilities of the second party (the licensee), i.e., the present Petitioner. Merely, because the Puri Municipality has the

ultimate responsibility to reimburse the expenses incurred for statutory obligations, taxes and fees will not mean that it becomes a necessary party to the labour dispute involving the present Petitioner.

4. The Court is therefore not persuaded that any error has been committed by the Labour Court in rejecting the application filed by the Petitioner.

5. Accordingly, the writ petition is dismissed. The interim order passed earlier stands vacated.

(Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge S. Behera