Disposed

Nishamani Devi v. State and Ors.

Orissa HC24 Jul 2019WP(C)/15675/2013

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AI extract

What is this about?

The Court disposed of W.P.(C) No. 15675 of 2013 regarding dues of employees of sick Cooperative Spinning Mills by referencing a prior Special Leave Appeal order from the Supreme Court, which mandated disbursement of 50% of dues within two months and the balance in one year.

What did the court decide?

The writ petition is disposed of in terms of the Supreme Court order in SLP (C) Nos. 354-355 of 2009.

Nishamani Devi Vs State and Ors. — Service and Employment | Orissa HC (2019)

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W.P.(C) No. 15675 of 2013

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24.07.2019 Heard Mr. T.K. Kamila, learned counsel for the petitioner, Mr. B. Senapati, learned Addl. Government Advocate and Mr. L.K. Mohanty, learned counsel for opposite party no.3.

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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:-

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“Heard learned counsel for the parties.

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These petitions arise out of claims for payment of dues of the employees of sick Cooperative Spinning Mills, namely,

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1. Orissa Weavers Cooperative Spinning Mills Ltd. (ORICOSPIN), Tora, Bargarh.

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2. Kalinga Weavers Cooperative Spinning Mills Ltd. (KALICOSPIN), Govindpur, Dhenkanal.

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3. Shree Jagannath Weavers Cooperative Spinning Mills Ltd. (JSPIN), Athagarh, Cuttack.

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4. Shree Sarala Weavers Cooperative Spinning Mills Ltd. (SARSPIN), Tirtol, Jagatsinghpur.

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5. Utkal Weavers Cooperative Spinning Mills Ltd., Khorda.

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The said Spinning Mills have either been privatized or are under liquidation.

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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.

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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

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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.”

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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.

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Accordingly, the writ petition is disposed of.

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…………….…………… (DR. B.R. SARANGI) JUDGE

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Ashok

Nishamani Devi v. State and Ors.

Case brief

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Nishamani Devi v. State and Ors.

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