Disposed

Kirtan Barik v. Mahanadi Coalfields Limited

Orissa HC18 Apr 2023WP(C)/1675/2019

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition analogous to another disposed petition, ordering the referral of the dispute to the District Judge-cum-CBA (O) Tribunal, Jharsuguda, under the Coal Bearing Areas (Acquisition and Development) Act, 1957, within one month.

What did the court decide?

Disposal of the writ petition by reference to the District Judge-cum-CBA (O) Tribunal, Jharsuguda, to adjudicate the matter under Section 17 of the Act.

Kirtan Barik Vs Mahanadi Coalfields Limited — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 1675 of 2019

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Kirtan Barik

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Petitioner

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Mr. U.K. Samal, Advocate

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Vs.

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Mahanadi Coalfields Limited and others

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….. Opposite Parties

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Mr. S.S. Kanungo, Advocate (O.Ps. 1 to 4) and Mr. L. Samantaray, AGA (O.P.5)

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CORAM:

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DR. JUSTICE B.R. SARANGI

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MR. JUSTICE M.S.RAMAN

ORDER 18.04.2023

Order No.

This matter is taken up through hybrid mode.

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Heard learned counsel for the parties.

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It is agreed by learned counsel for the parties that this matter is analogous to W.P.(C) No. 1672 of 2019, which has been disposed today (18.04.2023) by a detailed order, and this writ petition may be disposed of in terms of the said order.

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In view of the above, this writ petition stands disposed of in terms of the order dated 18.04.2023 passed in W.P.(C) No. 1672 of 2019. Accordingly, it is ordered that since the parties have agreed to refer the matter to the Competent Adjudicating Authority, i.e., the District Judgecum-CBA (O) Tribunal, Jharsuguda, in the considered opinion of this Court, the interest of justice would be best served if adhering to the provisions contained in Section 14 read with Section 17 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 the Competent Adjudicating Authority, i.e. the District Judge-cum-CBA (O) Tribunal, Jharsuguda adjudicates the matter on a reference being made by the competent authority. Needless to say, since it is year old case and the petitioner is

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deprived of getting his legitimate claim long since, the referral authority, without causing any further delay, shall refer the matter to the Competent Adjudicating Authority, i.e. the District Judge-cum-CBA (O) Tribunal, Jharsuguda, as expeditiously as possible, preferably within a period of one month, so that the Tribunal shall do well to dispose of the same in compliance of the provisions of law governing the field, as expeditiously as possible.

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(DR. B.R. SARANGI)

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JUDGE

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Arun

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(M.S. RAMAN) JUDGE

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Kirtan Barik v. Mahanadi Coalfields Limited

Case brief

What is this about?

What did the court decide?

Kirtan Barik v. Mahanadi Coalfields Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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