High CourtsDivision Bench(2021) 07 OHC CK 0181

Gyanendra Kumar Mishra vs State Of Odisha & Others Gyanendra Kumar Mishra

Orissa High Court · Decided on 20 July 2021

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · B. P. Routray, J
CASE NUMBER
O.J.C. No.3760 Of 2000

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Judgment

23 paragraphs · 419 words
1.

This matter is taken up by video conferencing mode.

2. The grievance of the present Petitioner is that despite an award in his favour by the Labour Court way back on 13th January 1993 directing the

Opposite Party-Orissa State Road Transport Corporation (OSRTC) to reinstate the Petitioner in service and also pay him the full back wages with

restoration of continuity of service and retrenchment compensation and despite the Petitioner having approached the Labour Court thereafter under

Section 33-C(2) of the I.D. Act and that an order dated 17th July 1995 having been passed therein, till date neither of the orders have been honoured

by the OSRTC.

3. On 9th May 2001, Opposite Party Nos.1, 3 and 5 filed a counter affidavit in which inter alia it is stated that on account of the failure by the

OSRTC to honour the above award, a prosecution had been sanctioned and filed before the court of SDJM, Keonjhar against OSRTC for violation of

Section 17(a) of the I.D. Act on 9th August 1994. A certificate requisition had also been filed before the Collector, Keonjhar on 3rd January 1998 for

realization of Rs.1,18,310/- from the D.T.M. (A), OSRTC, Keonjhar and that both the cases are pending for decision.

4. Mr. Mohanty, learned counsel for the Petitioner will serve a copy of the present petition on any of the Standing Counsel for the OSRTC within

one week to enable him to take instructions.

5. Meanwhile, Mr. A.K. Nanda, learned Additional Government Advocate for the State-Opposite Parties will serve on Mr. Mohanty, learned

counsel for the Petitioner, a copy of the counter affidavit filed on 9th May 2001.

6. Mr. Nanda, learned Additional Government Advocate counsel is directed to take instructions from the Collector, Keonjhar on the present status

of the requisition certificate that had been filed before him for realization of the aforementioned sum.

7. List on 13th September, 2021.

8. A copy this order be sent to Opposite Party No.2 by Special Messenger for compliance. Cost of the Special Messenger be assessed which will

be deposited by the learned counsel for the Petitioner within a week.

9. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021..

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