AI Structured Summary
Not yet generated for this judgment
Judgment
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..
……………………..
