Srinibas Rao v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9785 of 2022 Srinibas Rao & others ....

Petitioners Mr. S.B. Mohanty, Advocate -versusUnion of India & others ....

Opp. Parties Mr. J. Nayak, Central Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE BIRAJA PRASANNA SATAPATHY Order No.

ORDER

26.04.2022 01.

1.

Heard Mr. S.B. Mohanty, learned counsel for the petitioners and Mr. J. Nayak, learned Central Government Counsel.

2.

At the outset, Mr. Mohanty is permitted to implead the Food Corporation of India as opposite party No.5 in this writ petition in Court today.

3.

According to Mr. Mohanty, the grievance of the petitioners in this case pertains to inaction of the authorities more particularly, the employer/principal employer on paying their wages despite existence of provisions of Sub-Section (4) of Section 21 of the Contract Labour (Regulation & Abolition) Act, 1970 and Rule 69 of Contract Labour (Regulation & Abolition) Central Rules, 1971.

4.

During course of hearing, Mr. Mohanty submits that though the petitioners have approached the Regional Labour Commissioner (Central) (opposite party No.2) in the matter however, he prays that liberty may be granted to the petitioners

// 2 // to approach the General Manager, Odisha Circle, Food Corporation of India (opposite party No.3) with their grievances and the said opposite party be directed to take a decision on such motion within a specific time period.

5.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioners to file a comprehensive representation before opposite party No.3 highlighting all their grievances within a period of two weeks from today. In the event, such a representation is filed along with a certified copy of this order, the opposite party No.3 is directed to take a decision on the same in accordance with law within a period of eight weeks from the date of receipt of such representation and communicate the result of such exercise to petitioner No.11, who in turn is directed to share such information with other petitioners. 6.

Accordingly, this writ petition is disposed of. 7.

Urgent certified copy of this order be granted on proper application.

(Biswajit Mohanty) Judge Prasant (Biraja Prasanna Satapathy) Judge