Paradip Port Trust v. Regional Labour

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13159 of 2004 Paradip Port Trust and another ....

Petitioners Mr.S.S. Mohanty, Advocate -versusRegional Labour Commissioner (Central) and others ....

Opposite Parties

CORAM:

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

ORDER

21.02.2022 09.

1. The challenge in the present petition by the Paradip Port Trust (PPT) is to a communication dated 2nd September 2004 (Annexure9) sent to it by the Labour Enforcement Officer (Central), Paradip asking the Petitioner to show cause why legal action under Sections 23 and 24 of the Contract Labour (Regulation & Abolition) Act, 1970 should not be taken against it.

2. Mr. S.S. Mohanty, learned counsel appearing for the Petitioners draws attention of the Court to the counter affidavit filed by the Paradip Port & Dock Mazdoor Union (Opposite Party No.3) referring to a copy of the communication dated 2nd April 2009 of the Ministry of Labour and Employment addressed to it stating that the matter regarding violation of the notification prohibiting employment of contract labour has been referred to the Office of the Chief Labour Commissioner (C), Ministry of Labour and Employment "to look into the matter and take necessary action".

Mr. Mohanty, learned counsel for the Petitioners states that he is not aware of the outcome of the above reference.

3. In these circumstances, it is directed that as and when the matter is decided and a communication is issued to the Petitioners, it will be open to the Petitioners to revive the challenge to Annexure-9 depending on the outcome of the above proceedings.

4. The writ petition is disposed of in the above terms. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge S.K. Guin/S. Behera