Pramod Kumar Das v. M.D., Orissa State Co.Op. Marketing Federation Ltd.

IN THE HIGH COURT OF ORISSA AT CUTTACK

WA No.774 of 2021 Pramod Ku. Das ....

Petitioner Mr. Binaya Kumar Mohanty, Advocate -versusM.D., Orissa State CO.OP. Marketing Federation LTD. & Ors.

....

Opposite Party Mr. Debakanta Mohanty, AGA

CORAM:

THE CHIEF JUSTICE DR. JUSTICE S.K. PANIGRAHI

ORDER

12.09.2022 Order No.

04.

1.None appears for the opposite parties despite service of notice.

2. The short ground of challenge in this case to the impugned order dated 29th of November, 2019 is that the Appellant who was working in a supervisory capacity is not a workman. Therefore, the provisions of the Industrial Disputes Act 1947 (ID Act) do not apply to him. None appears for the opposite party despite service of notice to oppose the above prayer.

3. Indeed, if the Appellant is not a workman, then the question of applicability of ID Act would not arise. On that short ground, the impugned order is set aside.

4. The W.P.(C) No. 10050 of 2010 is restored to the file of Single Judge to be proceeded with in accordance with law on merits after issuing notice to the Opposite parties.

5. The above writ petition this before Single Judge on 18th of October.

6. The writ appeal is disposed of in the above terms. (Dr. S. Muralidhar) Chief Justice (Dr. S.K. Panigrahi) Judge L.Behera