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Orissa High CourtWP(C)/16551/2022disposed off

Balasore Bhadrak Central Co-Operative Bank Ltd. v. Member, Cooperative Tribunal

2022-07-20Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.16551 of 2022 Balasore Bhadrak Central CoOperative Bank Ltd. ....

Petitioner -versusMember, Cooperative Tribunal & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

20.07.2022

01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. Agrawal, learned counsel for the Petitioner and Mr. Biswal, learned counsel appearing for the Caveator.

3. The Petitioner is aggrieved by the order passed by the learned Cooperative Tribunal on 02.05.2016 in service dispute Case No.5/2014 under Annexure-6 and also the order dtd.24.04.2017 passed by the Asst. Labour Commissioner -cum- Controlling Authority under the P.G. Act, Balasore under Annexure-7.

4. Mr. Agrawal submitted that pursuant to the Order passed by the said Authority under Annexure-7 though the Caveator has been paid with the gratuity amount, but the said Caveator is claiming for payment of interest and accordingly the writ Petition has been filed challenging the said order. Perusal of order dtd.24.04.2017 shows that the Bank was directed to pay a sum of Rs.10,00,000/- (Rs. Ten lakh) with interest @ 10% per annum. Therefore, the stand taken by

// 2 // the learned counsel for the Petitioner that the caveator is claiming interest is without any basis. Not only that the said order is an appealable one. Hence, this Court is not inclined to interfere with the same and the writ Petition is dismissed accordingly. (Biraja Prasanna Satapathy) Judge Sneha