This court disposed of W.P.(C) No. 11454 of 2009 by holding that the matter was already decided by the Supreme Court in Special Leave to Appeal (C) Nos. 354-355 of 2009, the order of which mandated a 50% payment to employee dues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No. 11454 of 2009
Heard Mr. S. Patra, learned counsel for the petitioner, Mr. S. Mishra, learned Addl. Government Advocate and Mr. Y.S.P. Babu, learned counsel for opposite party.
Similar question had come up for consideration before the apex Court in Special Leave to Appeal (C) No(s). 354-355 of 2009, which has been disposed of vide order dated 21.03.2017, whereby the apex Court has passed the following orders:-
“Heard learned counsel for the parties.
These petitions arise out of claims for payment of dues of the employees of sick Cooperative Spinning Mills, namely,
1. Orissa Weavers Cooperative Spinning Mills Ltd. (ORICOSPIN), Tora, Bargarh.
2. Kalinga Weavers Cooperative Spinning Mills Ltd. (KALICOSPIN), Govindpur, Dhenkanal.
3. Shree Jagannath Weavers Cooperative Spinning Mills Ltd. (JSPIN), Athagarh, Cuttack.
4. Shree Sarala Weavers Cooperative Spinning Mills Ltd. (SARSPIN), Tirtol, Jagatsinghpur.
5. Utkal Weavers Cooperative Spinning Mills Ltd., Khorda.
The said Spinning Mills have either been privatized or are under liquidation.
It is stated that the dues of the employees may be to the tune of Rs.807.86 lakhs. If there is any dispute about the extent of dues, the same may be gone into at an appropriate forum.
Having regard to the facts and circumstances of the case, we are of the view that the appellant ought to disburse dues to the respondents to the extent of 50% out of proceeds of assets of the sick mills in question within a period of two months. The remaining amount be paid within a period of one year thereafter. Any pending litigation in this regard may be concluded as far as
possible within a period of six months from today. It will be open to the petitioner to take further steps for getting any pending proceedings at appropriate forum. The Special leave petitions are disposed of in above terms.”
In view of the order already passed by the apex Court as mentioned above, this writ petition stands disposed of in terms of the said order.
Accordingly, the writ petition is disposed of.
…………….…………… (DR. B.R. SARANGI) JUDGE
Ashok
Colour shows how this judgement treated each authority
Special Leave to Appeal (C) No(s). 354-355 of 2009Followed¶4
Special Leave to Appeal (C) No(s). 354-355 of 2009
Petitioner
B. R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
B. R. Sarangi
Parties & counsel
