Disposed

P.Ram Babu v. the Presiding Oficer Labour Court, Koraput

Orissa HC15 May 2024WP(C)/3175/2023

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Orissa directed the Labour Court to decide a pending appeal expeditiously on merits within three months. The court threatened to recall the impugned award dismissing the workman's claim petition if the appeal remained undecided by that date.

What did the court decide?

Directed the Labour Court to dispose of the pending appeal on merits by August 20, 2024; otherwise, the impugned award will be recalled.

P.Ram Babu Vs the Presiding Oficer Labour… — Labour and Industrial Disputes | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.3175 of 2023

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P. Ram Babu

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..... Petitioner

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Represented by Adv.Mr. Gopal Prasad Jena, Advocate -versus- The Presiding Officer, Labour ..... Opp.Parties Court, Koraput & another

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Represented by Adv.Mr. A.K. Sharma, AGA (for O.P.No.1) Mr. Amitav Tripathy, Advocate (for O.P.No.2)

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CORAM:

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THE HON'BLE MR. JUSTICE ARINDAM SINHA

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AND

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THE HON'BLE MR. JUSTICE M.S.SAHOO

ORDER

15.05.2024

Order No.

09. 1. Mr. Tripathy, learned advocate appears on behalf of opposite party no.2 (management) and with reference to orders dated 5^th May, 2023 and 20^th March, 2024 submits, petitioner’s appeal is still pending. It will be duly considered and dealt with.

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Page 1 of 2

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2. Mr. Jena, learned advocate appears on behalf of petitioner (workman) and submits, his client’s claim petition under section 2-A (2) in Industrial Disputes Act, 1947 was dismissed by impugned award dated 8^th September, 2022 not on adjudication but citing pendency of the appeal. Hence challenge thereto.

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3. We direct opposite party no.2 to deal with and dispose of the appeal upon affording due opportunity of hearing to petitioner, on or before 20^th August, 2024. Petitioner should not obtain unnecessary adjournments from the appellate authority. In event the appeal remains pending on 21^st August, 2024, petitioner will apply for recall of impugned award. On the application made, the Labour Court will be obliged to recall impugned award and proceed to adjudicate the claim petition on merits. Needless to mention, if the Labour Court is called upon to adjudicate, on the appeal remaining pending, it should do so expeditiously without granting unnecessary adjournments.

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4. The writ petition is disposed of.

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(Arindam Sinha) Judge (M.S. Sahoo) Judge

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Dutta/Gs

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Signature Not Verified

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Digitally Signed Signed by: AJIT KUMAR DUTTA Reason: Authentication Location: ohc Date: 15-May-2024 17:57:00

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P.Ram Babu v. the Presiding Oficer Labour Court, Koraput

Case brief

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P.Ram Babu v. the Presiding Oficer Labour Court, Koraput

Case brief

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