Narahari Mahanta Vs State of Odisha

Petitioner in this writ application seeks to assail the settlement dated 12^th August, 2020 (Annexure-6) between the Management and Workers Union in Form- K.

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Mr. Sahoo, learned counsel for the Petitioner submits that the award in relation to the industrial dispute in question was passed on 30^th December, 2015 by learned Presiding Officer, Industrial Tribunal, Bhubaneswar in Industrial Dispute Case No. 51 of 2013.

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The same was published under Section 17(1) of the Industrial Disputes Act, 1947 (for brevity “the Act”) in official gazette on 27^th January, 2016. Assailing the said award, the Management of M/s. Orissa Sponge Iron & Steel Ltd., Keonjhar filed W.P.(C) No. 4090 of 2016 before this Court. The writ application was disposed of pursuant to the settlement arrived at between the Workers Union and the Management of M/s. Orissa Sponge Iron & Steel Ltd., Keonjhar on 12^th August, 2020 (Annexure-6) which is impugned herein.

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Mr. Sahoo, learned counsel for the Petitioner submits that while disposing of W.P.(C) No. 4090 of 2016 was initially disposed of on 20^th October, 2020 (Annexure-7) relying upon the statement of learned counsel for the Petitioner- Management (therein) that in the meantime a settlement was arrived at between the parties. Subsequently, an application for modification of the said order was filed being I.A. Case No. 12854 of 2020, which was disposed of on 9^th November, 2020 (Annexure-9) holding as under;

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“Considering the submissions made, this Court is of the view that since the Court has already directed the parties to settle the dispute between them and that settlement is the part of the award dated 30^th December, 2015 passed by the Presiding Officer, Industrial Tribunal, Bhubaneswar in I.D. Case No. 51 of 2013, it is open for the Petitioner-authority to show the said documents for implementation of the settlement.”

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It is submitted by Mr. Sahoo, learned counsel for the Petitioner that when the award under Section 17(1) of the Act is published in official gazette, it becomes binding under Section

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17(3) of the Act. Thus, any settlement may arrive between the Management and the workman after publication of the award under Section 17(1) of the Act is not binding on the parties in respect of the self same industrial dispute in view of provision under Section 18(3) of the Act.

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In support of his submission, Mr. Sahoo, learned counsel for the Petitioner also relied upon the case of the Management of M/s. Ballarpur Industries Ltd. vs. Presiding Officer, Industrial Tribunal, Bhubaneswar and others reported in 2016 (Supplementary) Volume-II 896 and submits that the settlement under Annexure-6 is not binding on the party and the award dated 30^th December, 2015 (Annexure-5) passed by learned Presiding Officer, Industrial Tribunal, Bhubaneswar in I.D. Case No. 51 of 2013 should be implemented.

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In course of hearing, Mr. Sahoo, learned counsel for the Petitioner submits that in a similar situation, this Court directed the parties to approach the concerned Divisional Labour Commissioner-cum-Conciliation Officer for redressal of their grievances.

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In that view of the matter, this Court without delving into the merit of the submission made by Mr. Sahoo, learned counsel for the Petitioner, dispose of the writ application with a direction that in that event the Petitioner approaches the concerned Divisional Labour Commissioner-cum-Conciliation Officer within a period of two weeks hence for redressal of their grievances. The same shall be considered in accordance with law giving opportunity of hearing to the parties concerned.

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It is made clear that Divisional Labour Commissioner-cumConciliation Officer shall take a decision on the grievance petition, if any filed by the Petitioner within the time stipulated above, as expeditiously as possible preferably within a period of six months from the date of service of notice on the parties.

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Urgent certified copy of this order be granted on proper application.

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(K.R. Mohapatra) Judge

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Subhalaxmi

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(Savitri Ratho) Judge

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Signature Not Verified

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Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 11-Jul-2025 12:08:44