3 22.03.2021 Heard Learned ... vs Unknown
2021 Latest Caselaw 3943 Ori

           W.P.(         C.M.P.
                           W.P.(C).
                                No.1360
                                    No.9883
                                        of 2015
                                            of 2021




3   22.03.2021         Heard learned counsel appearing for the petitioner.
                       This writ petition involves a challenge to the judgment
                   in P.G. Appeal Case No.50 of 2019           of the appellate
                   authority     under    the      P.G.Act-cum-Joint      Labour
                   Commissioner,     Odisha,     Bhubaneswar.      Getting    into
                   allegation of the petitioner in the writ petition that in spite
                   of petitioner raising certain grounds in the appeal
                   memorandum, there has been no consideration of any
                   of the grounds in the memorandum of appeal. It is on the
                   other hand, the appellate authority disposed of the appeal
                   in non-speaking order. On the previous hearing of the
                   matter, this Court directed the petitioner to         at least
                   produce the copy of the        memorandum of appeal to
                   establish his such allegation. Today, on his appearance,
                   learned counsel for the petitioner produced the copy of
                   the memorandum of appeal.
                       On perused        of the grounds in memorandum of
                   appeal involving P.G. Appeal Case No.50 of 2019, this
                   Court finds there are several grounds in filing the appeal.
                   Coming back to the reason assigned by the appellate
                   authority in disposal of the appeal involved herein, this
                   Court finds in paragraph-3, there has been             simple
                   observation that the grounds stated above by the
                   appellant are not sufficient to debar a workman. This
                   Court, therefore, finds there is no dealing of the grounds
                   in the memorandum of appeal. The grounds raised in the
                   appeal not only required to be considered, but there
                   should be reason, in absence of which this Court finds the
                   appellate order is bad in law and non-speaking one.
                           -2-




           In the process, this Court interfering in the order at
      Annexure-3, sets aside the same. But, however, for the
      requirement of re-disposal of the P.G. Appeal Case No.50
      of 2019, this Court directs the appellate authority to enter
      into re-hearing of the appeal involving the parties involved
      and conclude the same by passing a reasoned order.
      Petitioner is directed to bring the copy of this order to the
      notice of the appellate authority within a period of seven
      days hence.
           The writ petition stands disposed of with the
      observation and direction made hereinabove.

                                                                ..
                                       BISWANATH RATH,J.

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