Dillip Kumar Swain vs Presiding Officer
2023 Latest Caselaw 7368 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP (C) No.7178 of 2019

            Dillip Kumar Swain                     ....             Petitioner

                                        Mr. Satyabrata Mohanty, Advocate

                                       -Versus-
            Presiding Officer, CGIG-Cum-           ....      Opposite Parties
            Labour Court, Bhubaneswar and
            another

                            Mr. C.A. Rao, Senior Advocate (for O.P. no.2)

                     CORAM:

                     JUSTICE ARINDAM SINHA
                     JUSTICE SANJAY KUMAR MISHRA
                                       ORDER

05.07.2023

I.A. no.5389 of 2023 Order No.

8. 1. Mr. Rao, learned senior advocate appears on behalf of applicant-management. He submits, his client went unrepresented at the hearing, when judgment dated 6th April, 2023 was passed. Vakalatnama was filed in the Registry on 5th April, 2023 and as names of the learned advocates did not appear in the list on 6th April, 2023, the matter was missed. In the circumstances he prays for setting aside the judgment made ex-parte.

2. Mr. Mohanty, learned advocate appears on behalf of petitioner (workman). He demonstrates from the judgment that endeavour was made to secure presence of the management. As such, on being convinced that the management had deliberately stayed away, the writ petition was heard and judgment delivered. He opposes the application.

3. On query from Court Mr. Rao submits, his client be given leave to file the 'no objection' by way of additional affidavit.

4. Applicant has leave to file additional affidavit, to be accepted on adjourned date upon advance copy served.

5. List on 12th July, 2023.

                                                                         (Arindam Sinha)
                                                                                Judge


                                                                           (S. K. Mishra)
                             pcd                                               Judge




Signature Not Verified
Digitally Signed
Signed by: PADMA CHARAN DASH
Reason: Authentication

Location: ORISSA HIGH COURT CUTTACK Date: 06-Jul-2023 11:05:33