Orissa High Court
Utkal Alumina International Ltd vs State Of Odisha And Others on 10 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.25529 of 2022
(Through Hybrid mode)
Utkal Alumina International Ltd., .... Petitioner
Rayagada
Mr. B.P. Tripathy, Advocate
-Versus-
State of Odisha and others .... Opposite Parties
Mr. G.N. Rout, advocate (ASC)
Mr. Ajit Kumar Hota, Advocate
(for opposite party no.3)
CORAM:
JUSTICE ARINDAM SINHA
JUSTICE SANJAY KUMAR MISHRA
ORDER
10.04.2023
Order No.
4. 1. Mr. Tripathy, learned advocate appears on behalf of
petitioner-management and submits, two orders have been
impugned in the writ petition, both made by the Labour Court.
First is order dated 20th February, 2020, by which his client's
application for assistance of learned advocate stood rejected. He
submits, by operation of judgment law, his client is no longer
required to adjudicate the point since, representation is being
allowed.
2. Second impugned order is dated 25th August, 2022. By it
the Labour Court rejected his client's application for framing of
preliminary issue. Prayer in the petition is reproduced below.
"In the aforesaid facts and circumstances, it is humbly
prayed that your honour may be graciously pleased to
allow this petition and frame a preliminary issue of
maintainability of the present reference under Sec. 10(1)
read with 12(5) of the Industrial Disputes Act and take
up the same issue of maintainability as a preliminary one
before proceeding to take evidence on the merits of the
case.
3. Mr. Rout, learned advocate, Additional Standing Counsel
appears on behalf of State and Mr. Hota, learned advocate
appears on behalf of the workman. He points out, opposite party
no.3 is the union.
4. We understand petitioner's contention to be that there
cannot be employer employee relationship between principal
employer and the contractual worker under Contract Labour
(Regulation and Abolition) Act, 1970. In this context we
reproduce below schedule in the order of reference.
"Whether the contract between M/s. Sri Ram
Construction, Indra Nagar, 3rd Line, Near Ring Road,
Rayagada-765001, Odisha (Contractor) and M/s. Utkal
Alumina International Ltd., At-Doraguda, Po-Kuchipadar,
Dist-Rayagada-765015, Odisha (Principal Employer) was
genuine or it was rose/sham and whether the workmen
namely Sri Bhabani Charan Satapathy and 12 others
whose services were terminated w.e.f. 1.4.17 are entitled
to be observed on the rolls of M/s. Utkal Alumina
International Ltd., w.e.f. 1.4.17."
5. Law is well settled that the Labour Court is a creature of
statute and cannot adjudicate on the order of reference but is to
answer it. In the circumstances, no interference is warranted.
6. Mr. Hota submits, the reference is dated 3rd May, 2018
and because of the dilatory tactics adopted by petitioner-
management, on obtaining interim order in the writ petition, I.D.
Case no.1 of 2018 is pending adjudication on merits. He submits
further, concerned workmen have filed W.P.(C) no.15865 of
2021, the sub-item, inter alia, praying therein to decide said
reference within a stipulated period of one month.
7. The writ petition is accordingly disposed of directing the
Labour Court to proceed with I.D. Case no.01 of 2018 on merits
and conclude the same as expeditiously as possible, preferably
within a period of six months from date.
8. Interim order stands vacated.
(Arindam Sinha)
Judge
(S. K. Mishra)
Judge
Padma
