Orissa High Court
Parel Investment & Training vs State Of Odisha And Others on 3 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
OJC No. 1883 of 2001
Parel Investment & Training ..... Petitioner
Company Limited and another
Mr. N.K. Mishra, Sr. Adv.
Vs.
State of Odisha and others ..... Opposite Parties
None
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE M.S.RAMAN
ORDER
03.07.2023
Order No. This matter is taken up through hybrid mode.
12. 2. Heard Mr. N.K. Mishra, learned Senior Counsel appearing for the
petitioner.
3. None appears for the opposite parties, though M/s Satybadi Mishra,
B.K. Sahu, K.C. Sahu and R.K. Sahu have already entered appearance for
opposite parties no.3 to 5 and 7 to 9.
4. The petitioner has filed this writ petition seeking to quash the award
dated 01.12.2000 passed by the Presiding Officer, Labour Court,
Bhubaneswar in Industrial Dispute Case No.227 o 1991, directing the
petitioner to reinstate the workmen with 40% of back wages.
5. Mr. N.K. Mishra, learned Senior Counsel appearing for the
petitioner at the outset raised preliminary objection with regard to the
jurisdiction of the the Presiding Officer, Labour Court, Bhubaneswar to
entertain such application and contended that even though specific plea
has been taken before the tribunal that by virtute of the notification no.486
(E) dated 13.06.1990, the petroleum and allied industries are "Controlled
Industries" for the purpose of Industrial Disputes Act, 1947 and
appropriate government is the Central Government, but the same was not
taken up by the tribunal and issues have been framed with regard to
maintainability of reference. While adjudicating the same, the Labour
Court has come to a conclusion that reference was made vide I.D. Case
No.77/94 wherein the Presiding Officer, Industrial Tribunal by its order
dated 24.05.1999 observed that the contention of the management that the
State Government has no jurisdiction to refer the dispute for adjudication
is without merit and the objection was rejected. But on perusal of the
record, the Labour Court found that the industry in question has not been
notified to be a controlled industry and, as such, the notification dated
13.06.1988 filed by the management indicates that the industry engaged in
the manufacture and production of mineral oil (crude oil), motor and
aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils
and their blends including synthetic fuels, lubricating oils is declared as
controlled industry under section 2 of the Industries Development and
Regulation Act, 1951. But the same was not accepted by the Presiding
Officer, Labour Court while passing the order impugned. It is contended
that similar question had come up for consideration before this Court in
W.P.(C) No. 11329 of 2016 disposed of on 24.04.2023. Thereby, the
question having been settled with regard to jurisdiction of the State
Government to entertain such application , he wants to produce the
judgment and also the notification indicating the declaration made that the
petitioner comes under the jurisdiction of the Central Government by the
next date.
6. On his request, list this matter after one week.
(DR. B.R. SARANGI)
JUDGE
Signature Not Verified
Digitally Signed (M.S. RAMAN)
Signed by: ASHOK Ashok
KUMAR JAGADEB MOHAPATRA
Designation: Personal Assistant JUDGE
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 03-Jul-2023 17:23:18
