Disposed

All Odisha Epf Pensioners Association, Cuttack v. the Md, Odisha State Cashew Development Corporation Ltd, Bbsr

Orissa HC28 Nov 2023WP(C)/24268/2023

Case brief

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What is this about?

Writ petition seeking mandamus for payment of unpaid gratuity and interest. Court disposed of the petition at the admission stage without forming an opinion on merits, directing the respondent to consider the representation within two months and pass a speaking order.

What did the court decide?

Direction to Opposite Party No.1 to consider the petitioner's representation within two months and dispose of it by passing a speaking order.

All Odisha Epf Pensioners Association… — 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.24268 of 2023

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All Odisha EPF Pensioners’ …. Petitioner Association, Cuttack.

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Mr. L.M. Nanda, Advocate

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-versus-

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The Managing Director, Odisha State Cashew Development Corporation Ltd., Bhubaneswar and another.

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Opp. Parties

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Mr. P.K. Muduli, A.G.A.

Order No.

CORAM:

JUSTICE A.K. MOHAPATRA ORDER 28.11.2023

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

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Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties.

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The present writ petition has been filed by the Petitioner with the following prayers:-

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“It is, therefore, humbly prayed that this Hon’ble Court may graciously be pleased to admit the writ application, issue notice to Opp. parties and show cause as to why the Opp. parties No.1 & 2, more particularly the Opp. party No.1 who has failed to consider and pay gratuity of the members of the Petitioner’s Association in due time in issuing a Writ of Mandamus for payment of unpaid differential gratuity and interest accrued thereon as per P.G. Act and rules thereon from the date

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// 2 //

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of their retirement from service.”

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It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-1 before the Opposite Party No.1, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

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Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

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Considering the submissions made by the learned counsel for the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-1 in accordance with law within a period of two months from the date of production of certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.

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( A.K. Mohapatra) Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC, CUTTACK. Date: 04-Dec-2023 10:33:23

All Odisha Epf Pensioners Association, Cuttack v. the Md, Odisha State Cashew Development Corporation Ltd, Bbsr

Case brief

What is this about?

What did the court decide?

All Odisha Epf Pensioners Association, Cuttack v. the Md, Odisha State Cashew Development Corporation Ltd, Bbsr

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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