Rebatikanta Kalet vs Principal
2023 Latest Caselaw 12887 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.33242 of 2023


            Rebatikanta Kalet                     ....                      Petitioner
                                                              Mr. M. Pati, Advocate
                                            -versus-
            Principal, Veer Surendra Sai       ....                  Opposite Parties
            Medical College, Burla and another

                                                        Ms. S. Pattanayak, Advocate
                                                            (Addl. Govt. Advocate)

            CORAM:
                         JUSTICE ARINDAM SINHA
                         JUSTICE SIBO SANKAR MISHRA
                                         ORDER

17.10.2023 Order No.

01. 1. Mr. Pati, learned advocate appears on behalf of petitioner

(workman). He submits, prayer of his client is for direction upon the

Court below to direct opposite party no.1 to comply with award dated 28th

September, 2016.

2. He draws attention to order dated 23rd July, 2021 made by the

First Division Bench of this Court. Target for disposing of Execution

Case no.11 of 2017 was set at 1st November, 2021. The management did

not allow the execution case to be disposed of by filing WP(C) no.38273

of 2021 challenging the award. The Division Bench, in which one of us

// 2 //

was party (Arindam Sinha, J.), by judgment dated 27th February, 2023

found the writ petition to be without merit and dismissed it. The

management preferred review against the judgment, also dismissed by

said Bench on order dated 3rd July, 2023. In the circumstances, his client

seeks fresh target set for disposal of the execution case.

3. Ms. Pattanayak, learned advocate, Additional Government

Advocate appears on behalf of opposite party no.1 and prays for

adjournment to obtain instructions. On query from Court she submits, she

also needs instruction on whether special leave petition has been

preferred by her client against said judgment dated 27th February, 2023

and order dated 3rd July, 2023.

4. We reproduce paragraph 8 in the petition.

"8. That is to be submitted here that inspite of order of learned Labour Court upheld by this Hon'ble Court under Annexure-3 & 4, the Opp. party No.1 not implementing the order of learned Labour Court. The Opp. Party no.2 also not disposed of the execution case no.09/03 of 2016-2019 and granting time to the Opp. party No.1 to file objection in the execution petition. In this process the Opp. parties delayed the process by adjourning the date 29.06.23, 13.07.23, 28.07.23, 11.08.23, 5.10.23 and now 03.11.23 for which the petitioner debarred from getting the relief granted by the learned Labour Court in I.D. case No.16 of 2010."

(emphasis supplied)

// 3 //

It appears, last date in the executing Court was on 5th October, 2023 and

next date fixed on 3rd November, 2023. On query from Court Mr. Pati

submits, his client was present in the executing Court on all the dates

mentioned, including 5th October, 2023. There was no information given

to the executing Court on the management having preferred special lave

petition to the Supreme Court.

5. The executing Court is to deal with Execution Case no.11 of

2017. Said Court will keep in mind that in enforcing execution, law

prohibits parties to require the Court to go behind the judgment or decree.

In the circumstances, said Court will not grant unnecessary adjournments

for filing pleadings, but instead proceed to dispose of the execution case,

within 30th November, 2023.

6. The writ petition is disposed of.

( Arindam Sinha ) Judge

( S. S. Mishra ) Judge Prasant

Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: OHC Date: 17-Oct-2023 18:41:44