Allowed

Soleelo Kumar Senapati v. State of Odisha

Orissa HC14 Dec 2022WP(C)/33220/2022

Case brief

AI extract

What is this about?

The petitioner, a Special Class Contractor, sought reimbursement for differential wages under a Notification dated 24.07.2015. The Court allowed the writ petition after directing the petitioner to file a fresh representation with detailed claims for time-bound consideration by the opposite party.

What did the court decide?

Directing the opposite party No.3 to reimburse differential wages as per Notification No.1112 dated 24.07.2015 within six weeks of receiving the petitioner's detailed representation.

Soleelo Kumar Senapati Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.33220 of 2022

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Soleelo Kumar Senapati ..……. Petitioner Mr. Achyutanda Pattnaik, Advocate

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-Versus-

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State of Odisha & others ..…….. Opp. Parties Mr. D. Nayak,

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Addl. Government Advocate

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CORAM:

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JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO

ORDER 14.12.2022

Order No.

1. This matter is taken up through Hybrid Mode.

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2. Heard Mr. Achyutananda Pattnaik, learned counsel appearing for the petitioner as well as Mr. D. Nayak, learned Addl. Government Advocate appearing for the State-opposite parties.

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3. The petitioner is a Special Class Contractor, engaged by the opposite party No.3 for execution of the work in terms of the agreement. It may be noted that the agreement was signed by the Executive Engineer, Rural Works Division, Mohana, not the opposite party No.3.

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4. The petitioner has, by means of this writ petition, urged this Court for issuance of a writ of mandamus directing the opposite party

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No.3 to reimburse the differential amount for enhancement of

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minimum wages in terms of the Notification No.1112 dated 24.07.2015, Annexure-2 to this writ petition.

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5. Mr. Pattnaik, learned counsel for the petitioner has made a reference to the judgment of this Court in Mahesh Prasad Mishra vs. State of Orissa & others , reported in 2012 (Supp.-I) OLR-1035 . In

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the said judgment, it has been observed thus:

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“8. In view of the aforesaid statement of law which has been declared by the Supreme Court and followed by the Division Bench of this Court in Suryamani Nayak and another Division Bench in Surendranath Kanungo v. State of Orissa and M/s. Niligiri Corporation Society Ltd. (supra), the claim of the petitioner is covered by the decision of the Division Bench. Therefore, the same shall be applied to the fact situation and relief be granted. In view of the clear pronouncement of the Supreme Court which has been followed by this Court in the aforesaid cases, the stand taken by the State justifying the impugned order cannot be accepted. Accordingly, the impugned orders rejecting the petitioner’s prayer for payment of price escalation/enhancement of rate of wages of labour and materials vide Annexure-5 is liable to be quashed and is accordingly quashed. The writ petition is accordingly allowed. Direction is given to the opposite parties to pay the enhanced rate of wages of labour component under the

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agreement as per Govt. Notification dated 13.7.2009 under Annexure-2.”

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6. Mr. Pattnaik, learned counsel has submitted that the similar direction may be passed by this Court.

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7. Mr. D. Nayak, learned Addl. Government Advocate referring to the representation filed by the petitioner on 01.12.2021, Annexure5 to the writ petition, has contended that the said representation will

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be taken care of, but it will be expedient, if the petitioner files a fresh representation cataloguing the wages on different points of time and accounting the differential amount that will accrue on the account of the petitioner in terms of the Notification dated 09.10.2012.

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8. Having appreciated the submission of the counsel for the parties, we dispose of the writ petition with the following direction:

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We direct the petitioner to file a fresh representation laying

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down the details of the claim within a period of seven days from today. At the same time, we direct the opposite party No.3 in particular to consider the representation and reimburse the differential wages in terms of the Notification No.1112 dated 24.07.2015, Annexure-2 to the writ petition.

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9. The entire exercise shall be completed by the opposite party

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No.3 within a period of six weeks from the date of receiving the representation from the petitioner.

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10. There shall be no order as to cost.

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