Simplex Infrastructure Ltd. Vs Regional Labour Commissionercentral — Orissa HC (2025) — LawSathi Research

Simplex Infrastructure Ltd. Vs Regional Labour Commissionercentral — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the writ petition permitted and the petition dismissed as withdrawn with the Petitioner's conduct deprecated; the deposited sum of Rs.8,00,000 with accrued interest directed to be paid to Opposite Party No.2 (workman) on proper identification and acknowledgement.

Issue for consideration

Whether the orders dated 29.2.2016 and 06.1.2017 passed in Application No. MWA/41/2014 and Application No. MWA/41/2014(Review) fixing the quantum of minimum wages should be set aside and fresh fixation made in accordance with the Circular issued by the Government of India (raised by the prayer, not adjudicated as the petition was withdrawn). +1 more

Ratio / Principle

The writ petition is dismissed as withdrawn, the Court deprecating the conduct of the Petitioner, who had earlier filed W.P.(C) No.3998 of 2017 for the self-same relief which was dismissed on 15.07.2017.

Key takeaways

The amount deposited pursuant to the order dated 21.08.2017 shall be paid to Opposite Party No.2 (workman) on proper identification and acknowledgement, along with interest accrued thereon.ratio¶26

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, W.P.(C) No.16626 of 2017 (Simplex Infrastructure Ltd. v. Regional Labour Commissioner and others), order dated 14.02.2025, Coram: K.R. Mohapatra and S.K. Mishra, JJ. The writ petition, which prayed for setting aside the orders dated 29.2.2016 and 06.1.2017 passed in Application No. MWA/41/2014 and Application No. MWA/41/2014(Review) for fixation of quantum of minimum wages and for fresh fixation per the Government of India Circular, was withdrawn and dismissed, the Court expressly deprecating the Petitioner's conduct since it had earlier filed W.P.(C) No.3998 of 2017 for the self-same relief, dismissed on 15.07.2017. Pursuant to the order dated 21.08.2017 in Misc. Case No.15074 of 2017, the Petitioner had deposited Rs.8,00,000 (cheques nos. 011184 and 011183 dated 21.03.2018, Axis Bank, Jagatpur) with the Registry; the Court directed that this amount, with interest accrued thereon, be paid to Opposite Party No.2 workman on proper identification and acknowledgement.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). NO.16626 OF 2017

Simplex Infrastructure Ltd. Cuttack …. Petitioner

Mr. Prabhat Kumar Das, Advocate

-versus-

Regional Labour Commissioner …. Opp. Parties (Central), BBSR and others

Mr. Biraja Prasad Tripathy, Advocate (For O.P. No.2) Mr.Umesh Chandra Mohanty, Advocate (For O.P. No.3)

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

14.02.2025

1. This matter is taken up through hybrid mode.

Petitioner in this writ petition prays for following

reliefs:

“It is therefore prayed that, your lordship would be graciously pleased to admit this writ application and issue notice to the Opp.parties and after hearing the parties, set aside the impugned order dt.29.2.2016 and dt.06,1.2017 passed in both Application No,MWA/ 41/2014 & in Application No.MWA/41/2014(Review) for fixation of quantum of minimum Wages in accordance with the Circular issued by the Government of India. And further it may be for fresh fixation of minimum wages in accordance with the Circular;

And for this act of kindness the petitioner as in duty bound shall ever pray.”

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In course of hearing, Mr. Das, learned counsel for the Petitioner prays for withdrawal of the writ petition.

Mr. Tripathy, learned counsel for the workman (Opposite Party No.2) submits that he has no objection to the prayer for withdrawal of the writ petition made by learned counsel for the Petitioner, but the Petitioner had moved this Court earlier in W.P.(C) No.3998 of 2017, for the self-same relief as in the present writ petition, which was dismissed vide order dated 15.07.2017. Learned counsel for the Petitioner does not disputes the same. He further submits that this Court, vide order dated 21.08.2017 passed in Misc. Case No.15074 of 2017, directed the Petitioner to deposit a sum of Rs.8,00,000/in the name of the Registrar, Judicial and it was directed that the said amount shall be kept in Nationalised Bank in a term deposit. The amount so deposited along with interest accrued thereon shall be disbursed to the successful party.

Accordingly, the said amount was deposited before the Registry vide Cheque No.011184 dated 21^st March, 2018 for Rs.3,00,000/- and 011183 dated 21^st March, 2018 for Rs.5,00,000/- drawn on Axis Bank, Jagatpur in favour of the Registrar, Judicial and is kept in fixed deposit.

Mr. Mohanty, learned counsel for the N.H.A.I. (India) (Opposite Party No.3) does not have any

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objection to the prayer made by learned counsel for the Petitioner.

In view of the submissions made, this Court deprecating the conduct of the Petitioner, dismissed the writ petition as withdrawn.

The amount deposited pursuant to the order dated 21.08.2017 shall be paid to the Opposite Party No.2workman on proper identification and acknowledgement along with interest accrued thereon.

(K.R. Mohapatra) Judge

(S.K. Mishra)

Mona

Judge

Signature Not Verified

Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Orisssa Date: 15-Jul-2025 10:11:22

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