Ananta Swain v. Asit Kumar Tripathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.2785 OF 2020 Ananta Swain ....
Petitioner None -versusAsit Kumar Tripathy & others ....
Opp. Parties Mr. L. Samantaray, Addl. Govt. Advocate
CORAM:
JUSTICE JASWANT SINGH JUSTICE M.S.SAHOO Order No.
ORDER (Oral) 04.01.2022 04.
1. This matter is taken up through hybrid mode.
2. None appears for the petitioner when the matter is called.
3. The present contempt petition has been filed with the averments that the order dated 16th December,2019 passed by this Court in W.P.(C) No.17158 of 2019, whereby, the Rural Water Supply and Sanitation, Division, Bolangir was directed to comply with the Labour Court's award dated 29th November,2006 by the end of Feburary,2020, has not been complied with.
4. Upon notice, a compliance affidavit dated 13th August, 2021 has been filed by Sri Bipin Bihari Dash, Superintending Engineer, RWS &S Division, Bolangir and paragraphs-1 to 3 of the said affidavit is reproduced, which reads as follows :
// 2 // "1. That, in compliance to the order of the Hon'ble High Court passed in WP(C) No.17158/2018, the petitioner Ananta Swain has been paid with his full dues to the extent of Rs.4,62,425/- in full and final satisfaction on 11.08.2021.The petitioner has received the said amount in his savings bank account no.38460672386 of State Bank of India, Bolangir. The money receipt signed by the petitioner showing online payment of the said amount is annexed hereto as Annexure-A.
2. That, in addition to it, the petitioner has also been reinstated and engaged as unskilled labourer as per Government Notification No.2816 dated 25.05.2021 of Labour Commissioner, Odisha, Bhubaneswar at RWS&S Section, Bolangir vide office order no.3057 dated 30.07.2021, which is annexed hereto as ANNEXURE-B. In pursuance of it, the petitioner on 02.08.2021 at 10.00 FN submitted his joining report to the Superintending Engineer, RWS&S Division, Bolangir and has resumed his duties. A copy of the joining report of the petitioner is annexed as ANNEXURE-C.
3. That, as aforesaid, the matter has been closed in full and final satisfaction. The deponent most humbly and respectfully submits that he has got highest regards to the orders of this Hon'ble Court and has never violated the same intentionally or deliberately. Therefore, it is humbly submitted that as the order of the Court has been duly complied, the Contempt case may kindly be dropped."
5. Learned counsel for the State says that in view of the aforesaid, nothing survives in the present contempt petition, as the order stands complied with.
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6. In view of the above, the contempt proceeding is dropped.
(Jaswant Singh) Judge (M.S. Sahoo) Judge January 4th 2022 Cuttack Gs/Radha