Disposed¶22

Aska Co-Operative Central Bank Cadre Sampadak Sangha v. State of Odisha

Orissa HC26 Feb 2024WP(C)/4023/2024

Case brief

AI extract

What is this about?

Orissa HC disposes WP(C) 4023/2024: directs opposite parties 3-5 to lodge complaint under S. 29, Industrial Disputes Act, 1947 within two weeks, seeking penalty against management for non-compliance with unimplemented award dated 06.10.2001 re workman's scale of pay; DLO follow-up letters 24.05.2023 and 04.01.2024; petitioner to circulate website copy.

What did the court decide?

Opposite party nos. 3 to 5 directed to take steps for lodging a complaint in proper Court under section 29 of the Industrial Disputes Act, 1947, urging penalty on the management for non-compliance with the award; complaint to be filed within two weeks from communication unless compliance occurs meanwhile; petitioner permitted to communicate website copy of the order to the management and opposite party nos. 3 to 5. ¶22

Aska Co-Operative Central Bank Cadre Sampadak Sangha Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether penalty should be imposed on the management for non-compliance with the award (dated 6th October, 2001 regarding the workman's scale of pay), by lodging a complaint in proper Court under section 29 of the Industrial Disputes Act, 1947.

¶20

Court's answer

The Court was not inclined to direct issuance of notice to the management.

¶17

Ratio / Principle

The Court directed opposite party nos. 3 to 5 to take steps for a complaint being lodged in proper Court under section 29 of the Industrial Disputes Act, 1947.

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Key takeaways

The complaint under section 29 is intended to urge that penalty be imposed on the management for noncompliance with the award.ratio¶20
The complaint under section 29 must be filed in the Court within two weeks from communication of the order, unless there is compliance in the meantime.ratio¶20
In regard to lodging the complaint, reference may be made to notification dated 5th July, 1991 followed up by circular dated 3rd October, 1991 of the Labour Commissioner.obiter

Detailed headnote1 paragraphs

Writ petition (WP(C) No. 4023 of 2024, High Court of Orissa at Cuttack) disposed of on 26.02.2024. Petitioner sangha sought enforcement of award dated 06.10.2001 in favour of a workman regarding scale of pay, which remained unimplemented notwithstanding the management's unsuccessful challenge and District Labour Officer communications dated 24.05.2023 and reminder dated 04.01.2024. Court did not direct issuance of notice to the management; instead directed opposite party nos. 3 to 5 to take steps for lodging a complaint in proper Court under section 29 of the Industrial Disputes Act, 1947, urging imposition of penalty on the management for non-compliance with the award, to be filed within two weeks from communication unless compliance intervenes, with reference to notification dated 05.07.1991 and circular dated 03.10.1991 of the Labour Commissioner. Petitioner given liberty to circulate website copy of the order.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C)No.4023 of 2024

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Aska Co-operative Central Bank Cadre Sampadak Sangha

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Petitioner

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Mr. S. Tripathy, Advocate

¶5

-versus-

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State of Odisha and others

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Opposite Parties

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Mr. A. K. Sharma, AGA

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CORAM:

¶10

JUSTICE ARINDAM SINHA JUSTICE M.S. SAHOO

Order No.

ORDER 26.02.2024

Mr. Tripathy, learned advocate appears on behalf of petitioner who is the sangha. It has taken up cause of the workman. He submits, award dated 6^th October, 2001 was made in favour of the workman regarding his scale of pay, yet not implemented. In the meantime, the management made unsuccessful attempt to challenge the award.

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Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and points out from annexures-4 and 6, respectively the District Labour Officer made communication dated 24^th May, 2023 followed up by reminder dated 4^th January, 2024, requesting the management to implement the award.

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On query from Court Mr. Tripathy submits, the award has become final.

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In the circumstances, we are not inclined to direct issuance of notice to the management. Instead we direct opposite party nos.3 to 5 to take steps for complaint being lodged in proper Court under section 29 of

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// 2 //

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Industrial Disputes Act, 1947, for urging penalty be imposed on the management for noncompliance with the award. The complaint under section 29 must be filed in the Court within two weeks from communication, unless there is compliance in the meantime. In this regard, reference may be made to notification dated 5^th July, 1991 followed up by circular dated 3^rd October, 1991 of the Labour Commissioner.

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Petitioner is at liberty to communicate website copy of this order on the management as well as opposite party nos.3 to 5, who are to act thereupon.

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The writ petition is disposed of.

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Prasant

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

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Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 26-Feb-2024 19:01:11

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Aska Co-Operative Central Bank Cadre Sampadak Sangha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Aska Co-Operative Central Bank Cadre Sampadak Sangha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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