Executive Engineer vs Gouri Shankar Mohanty &
2023 Latest Caselaw 298 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         W.P.(C) No.15153 of 2019

Executive Engineer,                .....                         Petitioners
Electrical, Central
Electrical Division, NESCO
Utility, Balasore &
another
                                              Mr. S. Pattanayak, Advocate
                                   Vs.
Gouri Shankar Mohanty &            .....                    Opposite Parties
others
                                                   Ms. S. Mohapatra, Adv.
                                                            (for O.P. No.1)


                   CORAM: JUSTICE SANJAY KUMAR MISHRA

                                       ORDER

09.01.2023 Order No. The matter is taken up through hybrid mode.

05.

2. Mr. S. Pattanayak, learned Counsel for the Petitioners submits that he has already appeared for Tata Power Northern Odisha Distribution Limited shortly, TPNODL on 25.07.2021 and has already filed I.A. No.47/2023 on 02.01.2023 for amendment of the cause title, which is not on record.

3. Office is directed to bring the said I.A. on record.

4. Ms. Saswati Mohapatra, learned Counsel for the Opposite Party No.1, submits that though the judgment passed by the Controlling Authority under the Payment of Gratuity Act-cum-Assistant Labour Commissioner, Balasore, so also confirming Order passed by the Appellate Authority under the P.G. Act-Cum-Joint Labour

Commissioner, Odisha, Bhubaneswar, are under challenge, but before filing of the Writ Petition the judgment passed by the Controlling Authority under the Payment of Gratuity Act-cum-Assistant Labour Commissioner, Balasore (Opposite Party No.2) has already been complied with and the Opposite Party No.1 has been paid in terms of the said judgment dated 26.09.2018 passed in P.G. Case No.19-D of 2016, which includes gratuity for the period in which he was working on casual basis.

5. Learned Counsel for the Petitioners submits that he has no instruction in the said regard and the brief was transferred to him in the year, 2021 and seeks for a week's time take instruction in the said regard, which is allowed.

6. Matter be listed in the week commencing from 16th January, 2023 under the heading "For Orders".

(S.K. MISHRA) JUDGE Padma