Disposed¶29

M/S.B.E.Billimoria v. State

Orissa HC15 Jan 2025WP(C)/24170/2014

Case brief

AI extract

What is this about?

Orissa High Court disposes of contractor M/s. B.E. Billimoria & Co. Ltd.'s writ petition (W.P.(C) No. 24170/2014) challenging workmen's complaint and Asst. Labour Officer, Balugaon's 08.04.2013 direction (Annexure-7) under ISMW (RE & CS) Act to deposit workmen's dues; petitioner to be heard if SDJM Khordha proceeding is initiated; interim stay of 13.01.2014 (Misc. Case No. 21580/2014) vacated after mediation failed.

What did the court decide?

Writ petition disposed of with an observation that if any proceeding is initiated before the learned Sub-Divisional Judicial Magistrate, Khordha pursuant to the letter/order dated 8th April, 2013 (Annexure-7), the Petitioner will be given an opportunity to have his say in the matter; the interim order dated 13th January, 2014 passed in Misc. Case No.21580 of 2014 stands vacated. ¶29

M/S.B.E.Billimoria Vs State — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition seeking to set aside the complaint made by certain workmen (not made parties to the writ petition) regarding non-payment of their dues, and the recommendation of the Asst. Labour Officer, Balugaon dated 8th April, 2013 (Annexure-7), should be granted. +1 more

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Court's answer

The Court disposes of the writ petition.

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Ratio / Principle

If any proceeding is initiated before the learned Sub-Divisional Judicial Magistrate, Khordha pursuant to the letter/order dated 8th April, 2013 (Annexure-7), the Petitioner will be given an opportunity to have his say in the matter.

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Key takeaways

The interim order dated 13th January, 2014 passed in Misc. Case No.21580 of 2014 stands vacated.ratio¶30

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (K.R. Mohapatra, J.), W.P.(C) No. 24170 of 2014, order dated 15.01.2025. M/s. B.E. Billimoria & Co. Ltd. sought to set aside a complaint by certain workmen (not impleaded) regarding non-payment of their dues and the recommendation of the Asst. Labour Officer, Balugaon dated 8th April, 2013 (Annexure-7), whereby the principal employer under the ISMW (RE & CS) Act was directed to deposit the amount due to the workmen on or before 23rd April, 2013, failing which appropriate proceedings before the Sub Divisional Judicial Magistrate, Khordha were indicated. Court-annexed mediation pursuant to the order dated 28th August, 2024 failed (failure report dated 25th November, 2024). Counsel for the Petitioner submitted that the Petitioner is not the principal employer, though it had deposited the retention money meant for the workmen. The Court disposed of the writ petition with an observation that if any proceeding is initiated before the learned Sub-Divisional Judicial Magistrate, Khordha pursuant to the letter/order dated 8th April, 2013 (Annexure-7), the Petitioner will be given an opportunity to have his say in the matter; the interim order dated 13th January, 2014 passed in Misc. Case No.21580 of 2014 stands vacated. No determination on the principal-employer question is recorded in the order.

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Jan-2025 11:38:23

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 24170 OF 2014

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M/s. B.E. Billimoria & Co. Ltd.

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…. Petitioner

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Mr. Soubhagya Kumar Dash, Advocate

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-versus-

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State of Odisha and others

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Opp. Parties

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Mr. Bibekananda Nayak, Additional Government Advocate

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Mr. Nilakanth Jujharsingh, Advocate (For Opp. Party No.3)

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

15.01.2025

This matter is taken up through hybrid mode.

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Pursuant to the order dated 28^th August, 2024, the matter was taken up by learned Mediator, who has submitted a failure report on 25^th November, 2024.

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The Petitioner in this writ petition seeks to set aside the complaint made by some workmen (not made parties to the writ petition) regarding non-payment of their dues. The PetitionerContractor also assails the recommendation made by the Asst. Labour Officer, Balugaon dated 8^th April, 2013 (Annexure-7).

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In the said letter, the Asst. Labour Officer, Balugaon directed the principal employer under ISMW (RE & CS) Act to deposit the amount due to the workmen on or before 23^rd April, 2013 failing which it was indicated that appropriate proceeding

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Page 1 of 2

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Jan-2025 11:38:23

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before learned Sub Divisional Judicial Magistrate, Khordha would be initiated.

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This Court vide order dated 13^th January, 2014 while issuing notice in the matter as an interim measure directed that any proceeding initiated by Opposite Party No.2 following the complaint vide Annexure-5 should be stayed till the next date.

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Mr. Dash, learned counsel submits that the Petitioner is not the principal employer. But, it has deposited the retention money meant for the workmen.

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In that view of the matter, this Court disposes of the writ petition with an observation that if any proceeding is initiated before learned Sub-Divisional Judicial Magistrate, Khordha pursuant to the letter/order dated 8^th April, 2013 (Annexure-7), the Petitioner will be given an opportunity to have his say in the matter.

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Interim order dated 13^th January, 2014 passed in Misc. Case No.21580 of 2014 stands vacated.

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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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M/S.B.E.Billimoria v. State

Case brief

What is this about?

What did the court decide?

M/S.B.E.Billimoria v. State

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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