High CourtsDivision Bench(2023) 03 OHC CK 0149

Chandan Mohanty vs Regional Labour Commission Central, BBSR And Others

Orissa High Court · Decided on 22 March 2023

HON’BLE JUDGES
Arindam Sinha, J · S. K. Mishra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.1085 Of 2023

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Judgment

7 paragraphs · 270 words
1.

Mr. Satapathy, learned advocate appears on behalf of petitioner and submits, his client had sought for direction for action to be taken on his application dated 13th December, 2022 regarding suspending him and not revoking the order of suspension.

2.The petition was moved on 15th March, 2023. We reproduce first paragraph from order made that day.

“1. Mr. Nayak, learned advocate, Central Government Counsel appears on behalf of opposite party no.1 and hands up communication dated 15th February, 2023 made by his client to the Deputy Solicitor General along with notice dated 15th February, 2023 fixing date of joint discussion/conciliation proceeding on 24th February, 2023. He submits, thereafter further date has been fixed on 16th March, 2023 (tomorrow). He hands over copies to Mr. S. Khilla, learned advocate appearing on behalf of petitioner.”

3.

Mr. Nayak, learned advocate, Central Government Counsel appears on behalf of opposite party no.1 and submits, further date was fixed on 16th March, 2023. Mr. Satapathy submits, the conciliation proceedings have been initiated and next date has been fixed on 29th March, 2023.

4.

We expect the issue of suspension be resolved in the conciliation at the earliest before opposite party no.1. Said opposite party must keep in mind that suspension not being a punishment, one of the reasons for it is contemplation of initiation of disciplinary proceedings. We have not been told such proceeding has been initiated. Since said opposite party has acted on the application of petitioner, we expect it to require the parties before it in the conciliation to act in accordance with law.

5.

The writ petition is disposed of.

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