Basanta Kumar Behera v. Chairman-Cum-Md, Odisha Infrastructure Development Corp.,Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29410 of 2022 Basanta Kumar Behera ....

Petitioner Mr.Pramod Kumar Nayak, Advocate -versusChairman-cum-MD, Odisha Infrastructure Development Corp.

Bhubaneswar and another ....

Opposite Parties

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.11.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner.

3.

The present writ application has been filed by the Petitioner with a prayer to direct the Opposite Party No.2 to take immediate steps for disposal of P.G. Case No.05 of 2022 pending before Opposite Party No.2 within a stipulated time. 4.

It is submitted by the learned counsel for the Petitioner that the Petitioner after rendering 33 years of uninterrupted service on attaining the age of superannuation he retired on 28.022019 as Assistant Manager, Administration. After his retirement, the Petitioner submitted all his required papers along with duly filled in application on 31.01.2019 for his retiral benefit, but the same was not paid to him.. It is also submitted by the learned counsel for the

// 2 // Petitioner that on his retirement he applied for payment of gratuity stating therein that he is entitled to his gratuity. It is also contended that the Petitioner brought to the knowledge of Chief General Manager (OP&A), Odisha Industrial Infrastructure Development Corporation IDCO Towers for release of his retiral dues including the gratuity dues. It is also submitted by the learned counsel for the Petitioner that when the Petitioner failed in all attempts to get the gratuity amount he approached the Controlling Authority under the payment of Gratuity Act-cum-Divisional Labour Commissioner (DLC), Khurda in filing an application under Form No.N sub-Rule

(1) of Rule 10 of Payment of Gratuity Act which has been registered as P.G.Case No.05 of 2020. He also contends that though pleadings are complete but no step has been taken to dispose of the aforesaid P.G.Case.

5.

Considering the aforesaid submissions the writ application is disposed of at the stage of admission by directing the Opposite Party No.2 to make all endeavour to dispose of P.G.Case No.05 of 2022 pending with him within a period of three months from the date of production of certified copy of this order.

6.

With the aforesaid observation the writ application is disposed of.

7.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge