Orissa High Court
Chief Executive Officer-Cum vs Gyanaranjan Patnaik on 28 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P (C) No. 23150 of 2010
Chief Executive Officer-cum- ..... Petitioner
Commissioner, Cuttack Municipal
Corporation, Cuttack
Mr. P.K. Mohanty, Sr. Adv. along with
Mr. S.N. Dash, Adv.
Vs.
Gyanaranjan Patnaik ..... Opposite Parties
Mr. A.N. Dash, Adv.
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
28.08.2023
Order No. This matter is taken up by hybrid mode.
08.
2. Heard Mr. P.K. Mohanty, learned Senior Counsel appearing
along with Mr. S.N. Dash, learned counsel for the petitioner and
Mr. A.N. Dash, learned counsel for the opposite party-workman.
3. Mr. P.K. Mohanty, learned Senior Counsel appearing along
with Mr. S.N. Dash, learned counsel for the petitioner contended
that in compliance of the order dated 09.08.2023, he has already
received instructions that so far as compliance of Section 17-B of
the Industrial Disputes Act is concerned, the same has been
complied with by paying the dues on 11.08.2023. Thereby, the
same is complied with.
4. In compliance of the order dated 09.08.2023, Mr. A.N.
Dash, learned counsel for the opposite party-workman states that
he has no objection if the similar order is passed in view of the
judgment passed by the apex Court enhancing the compensation
without reinstatement.
5. Having heard learned counsel for the parties and after going
through the records, this Court finds that in similar matter this
Court has already passed order on 07.12.2018 in W.P.(C) No.
14814 of 2018 and come to a conclusion that order of
reinstatement can be passed in exceptional cases and the normal
rule is to award compensation in place of reinstatement. Reference
in this regard may be made to the judgments of the apex Court in
the case of State of M.P and others Vrs. Lalit Kumar Verma
reported in (2007) 1 SCC 575, Utranchal Forest Development
Corporation Vrs. M.C.Joshi reported in (2007) 9 SCC 353, Sita
Ram and others Vrs. Motilal Nehru Farmers Training Institute
reported in (2008) 5 SCC75, Ghaziabada Development Authority
and another Vrs. Ashok Kumar and others reported in (2008) 4
SCC 261 and Jagbir Singh Vrs. Harayana State Agriculture
Marketing Board and another reported in (2009) 15 SCC 327.
The aforesaid view has also been reiterated by this Court in the
case of Executive Engineer, Badanala Irrigation Division,
Kenduguda Vrs. Ratnakar Sahoo and another reported in
2011(Supp. .1) OLR 556. In view of the settled position of law as
pronounced by the apex Court that reinstatement is not sine
quanon for no-compliance of Section 25-F of the I.D. Act, this
Court modified the award to the extent that the workmen are
entitled to get compensation of Rs.1,30,000/- each in lieu of
reinstatement and rest part of the award was confirmed. The said
order was challenged by the workman before the apex Court in
S.L.P.(C) No. 14619 of 2019 and the apex Court after due
adjudication, vide order dated 01.10.2021, modified the amount by
enhancing the compensation amount awarded by this Court from
Rs.1,30,000/- to Rs.2,00,000/- to be made over to each of the
claimants and accordingly dismissed the S.L.P. and directed the
authority for payment of the same within four weeks. In
compliance of the direction issued by the apex Court, the
petitioner in the said SLP has received the benefits. Therefore, the
petitioner, having stood in the same footing, is also entitled to get
Rs.2,00,000/- in lieu of reinstatement, as has been awarded by the
apex Court. Similar view has also been taken by the apex Court in
the case of Jagbir Singh v. Haryana State Agriculture Marketing
Board and Ors., (2009) 1 SCC 327.
6. In the above view of the matter, since the opposite party-
workman stood in the same footing, this writ petition stands
disposed of directing the petitioner- Chief Executive Officer-cum-
Commissioner, Cuttack Municipal Corporation to pay
Rs.2,00,000/- (rupees two lakhs) to the opposite party-workman in
lieu of reinstatement, as has been observed by the apex Court in
the case of Rabindra Kumar Das and others v. Management of
Cuttack Municipal Corporation and others (SLP (C) No. 14619
of 2019 dismissed on 01.10.2021) within a period of four weeks.
Ashok (DR. B.R. SARANGI)
JUDGE
(M.S. RAMAN)
JUDGE
Signature Not Verified
Digitally Signed
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 29-Aug-2023 16:56:14
