Odisha State Disaster vs Presiding Officer
2023 Latest Caselaw 5043 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.13324 of 2022


                 Odisha State Disaster                ....             Petitioner
                 Management Authority, Khurda

                                                      Mr. P.K. Rath, Advocate

                                         -versus-
                 Presiding Officer, Labour        ....          Opposite Parties
                 Court, Bhubaneswar and others

                                                  Ms. S. Pattnayak, Advocate
                                          (Additional Government Advocate)

                                                      Mr. A.Mishra, Advovcate
                                                      (for opposite party no.2)

                    CORAM:

                    JUSTICE ARINDAM SINHA
                    JUSTICE SANJAY KUMAR MISHRA

                                          ORDER

Order No.                                03.05.2023

    03.     1.      Mr. Rath, learned advocate appears on behalf of petitioner

and submits, impugned is order dated 23rd March, 2022, whereby

preliminary objection raised by his client was not at all dealt with.

The objection goes to root of the matter for adjudication of alleged

entitlement of opposite party no.2.

2. He submits, opposite party no.2 was not a workman within meaning of section 2(s) in Industrial Disputes Act, 1947. His client

is not an industry. Substantive application was made disclosing the

bylaws, not at all considered. In the circumstances, opposite party

no.2 could not have applied under section 33C(2).

3. Ms. Pattnayak, learned advocate, Additional Government

Advocate appears on behalf of opposite party no.1. Mr. Mishra,

learned advocate appears on behalf of opposite party no.2. He

submits, whether or not his client is a workman, is a mixed question

of law and fact. That has to be established on evidence laid. In the

circumstances, there is no illegality in impugned order.

4. Parties are to assist by citing authorities, including judgment

of the Supreme Court relied upon in impugned order.

5. List on 12th May, 2023.

6. Interim order to continue till next date of hearing.

(Arindam Sinha) Judge

(S.K. Mishra) Judge

P.Pradhan

PRASANT Digitally signed by PRASANT KUMAR

Date: 2023.05.03 PRADHAN 17:40:23 +05'30'