The General Secretary, Keonjhar Mines and Forest Workers Union Vs the Sr.Vice-President, Essel Mining and Industries Ltd.

Signature Not Verified

Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 22-Sep-2025 18:49:57

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.22862 OF 2019

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The General Secretary, Keonjhar …. Petitioners Mines and Forest Workers Union, Barbil and another

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Mr. Gopal Krushna Nanda, Advocate -versus-

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The Senior vice President, Essel Mining and Industries Limited

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…. Opp. Parties

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Mr. Sabita Ranjan Pattnaik, Additional Government Advocate Mr. Debaranjan Ray, Advocate

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

Order No.

19.09.2025

1. This matter is taken up through hybrid mode.

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This writ petition has been filed assailing the award dated 15^th October, 2018 (Annexure-1) passed by learned Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Bhubaneswar in ID Case No.67 of 2002 wherein, it is held that the action of the management, Essel Mining and Industries Limited in imposing the punishment of discharge from service of disputant-Workman, namely, the Petitioner No.2 w.e.f. 5^th October, 1999 can be said to be free from latches and loopholes and thus, it cannot be held illegal and unsustainable. Hence, the claim of the 2^nd Party-Workman (Petitioner No.2) was rejected vide impugned award under Annexure-1. Assailing the said award, the Workman along with General Secretary, Keonjhar Mining and Forest workers Union assails the same before this Court.

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Page 1 of 3

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 22-Sep-2025 18:49:57

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Vide order dated 28^th July, 2025, the matter was referred to the Mediation Centre of High Court of Orissa, Cuttack to explore the possibility of mediation of the dispute. Learned Mediator submitted report on 4^th September, 2025 at Flag-‘B’ observing that the mediation was “Successful”. For better appreciation, the Mediation Report is reproduced hereunder:

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“ Pursuant to the order of the Hon'ble High Court did 28.07.2025, passed in W.P.(C) Case No.22862 of 2019, the matter has been referred to the Orissa High Court Mediation Centre. The Mediation was held on 04.08.2025, 20.08.2025 and today i.e 04.09.2025.

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The Mediation sessions were conducted at High Court of Orissa Mediation Centre, during the proceedings both parties participated in good faith and expressed their willingness to resolve the dispute between them amicably and the workman Harinath Patra agreed to settle the matter on receipt of a sum of Rs. 1,00,000/- (Rupees One Lakh) only towards full and final settlement on did. 04.08.2025.

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The Opposite Party ESSEL, Mining and Industries Ltd. agreed to pay a sum of Rs. 1,00,000/- (Rupees One Lakh) only in shape of Demand Draft in favour of Harinath Patra within a period of 15 days from Dt. 04.08.2025, accordingly the case was posted to Dt. 20.08.2025 for deposit of the Demand Draft.

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That on Dt. 20.08.2025, Advocate Mr. Debaranjan Ray and Dy. Manager (Legal) for opposite party are present with the Demand Draft but neither Harinath Patra nor his Advocate were present on that date. Hence, the case was adjourned to Dt. 04.09.2025.

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Pursuant to the previous order did. 04.08.2025, Advocate Mr. Debaranjan Ray. Ajit Kumar Parida, DGM (Legal) and Bhabani Pradhan, Dy. Manager (Legal) for ESSEL. Mining and Industries Ltd. are present and deposited the Demand Draft for a sum of Rs. 1,00,000/- (Rupees One Lakh) only bearing No. 010771 dt. 19.08.2025 drawn on Axis Bank in favour of Harinath Paira.

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The Counsel for both the parties namely namely G.K. Nanda for the petitioner No.2 and Sri Debaranjan Ray along with Ajit Kumar. Parida and Bhabani Pradhan for the ESSEL Mining are present.

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Hence, the present Mediation Proceeding became "successful".

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Accordingly, Office is requested to submit this report along with Demand Draft and order Dtd. 04.08.2025 before the Hon'ble High Court of Orissa for kind perusal.”

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Page 2 of 3

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 22-Sep-2025 18:49:57

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It is submitted by Mr. Ray, learned counsel for Opposite Party that pursuant to the settlement made before learned Mediator, the Opposite Party-Management has already deposited Rs.1 lakhs before Mediation Centre, High Cout of Orissa to be received by Petitioner No.2-Workman.

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Mr. Nanda, learned counsel for the Petitioners submits that Petitioner No.2 has taken back the brief and he has no instructions in the matter.

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In view of the fact that the mediation became successful and the Opposite Party-Management has acted upon the same by depositing Rs.1 lakhs before the Mediation Centre, High Court of Orissa, Cuttack vide Demand Draft dated 19^th August, 2025, nothing remains to be adjudicated in the writ petition.

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With a note of appreciation to the effort made by learned Mediator, this Court disposes of the writ petition in terms of the aforesaid mediation report.

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The Demand Draft, which has been deposited by the Management-Opposite Party be released in favour of the Petitioner No.2-Workman on proper identification.

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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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Rojalin

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(Savitri Ratho) Judge

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Page 3 of 3

The General Secretary, Keonjhar Mines and Forest Workers Union v. the Sr.Vice-President, Essel Mining and Industries Ltd.

Case brief

What is this about?

What did the court decide?

The General Secretary, Keonjhar Mines and Forest Workers Union v. the Sr.Vice-President, Essel Mining and Industries Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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