Exe.Engr,R.W.S andS.Di v. Udayanath Rout

Orissa HC9 May 2024WP(C)/3411/2012

Case brief

AI extract

What is this about?

Orissa High Court, W.P.(C) No.3411 of 2012, decided 09.05.2024; Executive Engineer R.W.S. & S. Division Balasore v. Udayanath Rout; Labour Court Bhubaneswar award 28.06.2011; Industrial Dispute Case No.48 of 2004; termination of workman held illegal; reinstatement substituted by lump sum compensation; Section 17-B Industrial Disputes Act 1947 payment; workman superannuation; Rs.1,50,000/- in lieu of reinstatement and back wages; eight-week payment timeline; bench: Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman.

What did the court decide?

Direction that the opposite party be paid a lumpsum of Rs.1,50,000/- in lieu of reinstatement and back wages taken together, within a period of eight weeks. ¶¶22

Exe.Engr,R.W.S andS.Di Vs Udayanath Rout — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.3411 of 2012

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Executive Engineer, R.W.S. & S. …. Petitioner Division, Balasore

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Mr. Lalatendu Samantaray, Addl. Govt. Advocate

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-versus-

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Udayanath Rout

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…. Opposite Party

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Mr. Satyabrata Mohanty, Advocate

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

ORDER 09.05.2024

This matter is taken up through Hybrid Mode.

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The Executive Engineer, R.W.S. & S. Division, Balasore has put to challenge an award dated 28.06.2011 passed by the Presiding Officer, Labour Court, Bhubaneswar in Industrial Dispute Case No.48 of 2004, whereby the termination of the opposite party (workman) has been held to be illegal and unjust. The Labour Court has held the workman entitled to reinstatement and payment of a lump sum amount of Rs.50,000/-(rupees fifty thousand) in lieu of back wages.

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It has been pointed out by Mr. L. Samantaray, learned Additional Govt. Advocate that in compliance of Section 17-B of the Industrial Disputes Act, 1947, the opposite party has been paid a sum of Rs.1,50,000/-(rupees one lakh fifty thousand). He has

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submitted that since the opposite party has attained the age of superannuation, question of his reinstatement does not arise.

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Learned counsel appearing on behalf of the opposite party has argued that in the facts and circumstances of the case, this Court may consider enhancing the lump sum amount of Rs.50,000/(rupees fifty thousand) and in addition to the same, may direct that the opposite party be paid some amount in lieu of reinstatement.

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It is an admitted fact that the said amount of Rs.50,000/- as awarded by the Labour Court has not been paid to the opposite party.

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In the facts and circumstances of the case, since the dispute has remained pending for nearly two decades, we consider it just and proper to dispose of the present writ petition with a direction that let the opposite party be paid a lumpsum amount of Rs.1,50,000/-(rupees one lakh fifty thousand) in lieu of his reinstatement and back wages taken together, within a period of eight weeks.

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This application stands disposed of accordingly.

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(Chakradhari Sharan Singh) Chief Justice

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(M.S. Raman) Judge

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Suchitra/Aswini Signature Not Verified

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Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 13-May-2024 17:46:43

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Exe.Engr,R.W.S andS.Di v. Udayanath Rout

Case brief

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Exe.Engr,R.W.S andS.Di v. Udayanath Rout

Case brief

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