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Orissa High CourtWP(C)/27546/2022disposed off

Odisha Ambulance Service Employees Union, Bolangir v. State Of Odisha

2022-10-20Mr. Justice Subhasis Talapatra,Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.27546 of 2022 Odisha Ambulance Service Employees ......... Petitioner Union, Bolangir Mr. S. Tibrewal, Adv.

-Versus- State of Odisha & Others ...... Opp. Parties

CORAM:

JUSTICE S. TALAPATRA JUSTICE M.S. SAHOO

ORDER

20.10.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Heard Mr. S. Kashyap, learned counsel appearing on instruction of Mr. S. Tibrewal, learned counsel for the petitioner. 3.

By means of this writ petition, the petitioner has urged this court for directing the Opposite Party No.1 to furnish the list of 1135 persons as referred in the letter No.LESI-IR-ID-0079-2021/LESI dated 16.12.2021 (Annexure-5) and also to direct the Industrial Tribunal, Bhubaneswar for disposal of the I.D. Case No.71 of 2021 within a time frame.

4.

It is reflected in the order dated 07.03.2022 delivered in I.D. Case No.71 of 2021 that the Labour and ESI Department was directed to furnish the list of 1135 workmen as claimed to have related to the order of reference, but such list has not been submitted before the said Tribunal, despite a specific order.

5.

The purpose of this writ petition is to obtain a direction on the Opposite Party No.1 to produce the said list in the proceeding. 6.

It is apparent from the order dated 07.03.2022 (Annexure- 7 to the writ petition) that the Industrial Tribunal had directed the Opposite Party No.1 to produce the list but the Opposite Party No.1 did not produce the said list.

7.

This court cannot be converted into a court of execution of the order of the Industrial Tribunal.

8.

The Industrial Tribunal has enough power to get the order enforced or if it is so required, the Tribunal may draw adverse inference against the person who has claimed a particular fact, but later on has not been substantiating that fact. 9.

Having observed thus, this writ petition stands disposed of. 10.

There shall be no order as to costs.

(S. Talapatra) Judge (M.S. Sahoo) Rati Ranjan Judge