Pankaj Kumar Rajguru vs The Managing Director
2023 Latest Caselaw 14769 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.37051 of 2023

                 Pankaj Kumar Rajguru                   ....               Petitioner
                                                             Mr. S.Senapati, Advocate
                                           -versus-
                 The Managing Director, Odisha          ....          Opposite Party
                 Small Industries Corporation Ltd.,
                 Cuttack
                                       .



                                           CORAM:

                           JUSTICE A.K. MOHAPATRA
                                           ORDER

Order No.                                 16.11.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner. Perused the Writ petitioner as well as the documents annexed thereto.

3. The Petitioner has filed the present writ application with the following prayer:

"It is, therefore, humbly prayed that this Hon'ble Court may graciously be pleased to give necessary direction to the Opp.Party Corporation to consider the representation of the petitioner for release of the admitted dues towards interest of Rs.4,33,333/- on delayed payment of Gratuity as per the Judgment dtd. 05.02.2019 of the Controlling Authority under the P.G. Act, 1972 -cum- Divisional Labour Commissioner together with compound interest calculated @10% per annum till the payment is made within a reasonable period of time, failing which the petitioner shall face irreparable loss and may pass such order/orders as deemed just and proper."

4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Managing Director, Odisha Small // 2 //

Industries Corporation Ltd., Cuttack, sole Opposite Party under Annexure-5. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the sole Opposite Party to consider the representation of the Petitioner under Annexure-5 within a stipulated period of time.

5. Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the sole Opposite Party, which is stated to be pending, in accordance with law within a stipulated period of time.

6. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the sole Opposite Party to consider the representation of the Petitioner under Annexure-5 taking into consideration Annexure- 3 within a period of two months from the date of production of certified copy of this order. The sole Opposite Party shall do well to dispose of the representation of the Petitioner under Annexure-5 by passing a speaking and reasoned order. The decision so taken by the sole Opposite Party be also communicated to the Petitioner within two weeks thereafter.

7. With the aforesaid observation, the writ application stands disposed of.

8. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Rubi

Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 20-Nov-2023 10:50:18