Kshetra Mohan Sethi vs State Of Odisha And Others
2023 Latest Caselaw 11250 Ori

Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 15-Sep-2023 12:05:21



                                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                 W.P.(C) NO. 24288 OF 2023

                                Kshetra Mohan Sethi                           ....        Petitioner
                                                                  Mr. Manoj Mishra, Senior Advocate
                                                being assisted by Mr. Dillip Kumar Patnaik, Advocate
                                                            -versus-

                                State of Odisha and others                    ....     Opp. Parties
                                                                            M. Swayambhu Mishra,
                                                                        Additional Standing Counsel


                                           CORAM:
                                           JUSTICE K.R. MOHAPATRA
                                           JUSTICE R.K. PATTANAIK
                                                    ORDER

           Order No.                               14.09.2023

              3.           1.        This matter is taken up through hybrid mode.

2. In this writ petition, the Petitioner being a Pump Driver prays for a direction to Opposite Parties, more particularly Opposite Party No.6, namely, Baniadiha Gram Panchayat, Langaleswar in the district of Balasore to pay him minimum wage along with arrears as per the notification under Annexures-5, 8 and 14 series and subsequent notification of the Labour and ESI Department within a stipulated period.

3. Office note discloses that none has yet appeared on behalf of Opposite Party No.6-GP.

4. Mr. Mishra, learned Senior Advocate appearing for the Petitioner submits that similar such Writ Petitions [one of which, W.P.(C) No.6871 of 2012] was disposed of by this Court vide judgment dated 28th March, 2023 with the following direction.

Signature Not Verified Digitally Signed // 2 // Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 15-Sep-2023 12:05:21

"16. This Court accordingly allowing the Writ Petition directs the Opposite Party No.6 in extending the minimum wages benefit under Notifications since 2015 to 2021, to enter into the calculation on the payment of arrear wages to the Petitioner in terms of the Gazetee notification issued by the Labour & E.S.I. Department since 24.07.2015 and in the calculation paid up to the last notification dated 02.11.2021 and find out the arrear required to be paid to the Petitioner. The arrear as per the calculation following the direction of this Court be also released in favour of the Petitioner herein at least within a period of one month and the payment of arrear be made to the Petitioner within a further period of fifteen days of the calculation. Failure of payment as per above time stipulation, the Petitioner will be entitled to interest @ 6% per annum all through.

17. The Writ Petition succeeds but in the circumstance there is not order as to cost."

The Petitioner had also earlier moved this Court in W.P.(C) No.480 of 2013 for the aforesaid relief, which was disposed of vide order dated 28th March, 2023 in the light of the afore-quoted order passed in W.P.(C) No. 6871 of 2012. But, the description of Opposite Party No.6-Gram Panchayat, i.e., 'Kunduli' therein was not correct. Hence, the Petitioner could not get the benefit of the order passed therein.

5. Thus, the Petitioner filed IA No.7529 of 2023 for correction of description of Opposite Party No.6 therein. The said IA was disposed of vide order dated 24th July, 2023 with the following order.

"2. Looking to the nature of defect, this Court finds this is uncertain defect that too in disposing of the writ petition. Declining to grant any further time, this Court reject the interim application for modification. This Court, however, observe it is open to the petitioner to avail any other remedy available to the petitioner in the circumstances herein."

Accordingly, this writ petition has been filed.

Signature Not Verified Digitally Signed // 3 // Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 15-Sep-2023 12:05:21

6. Mr. Mishra, learned ASC submits that since similar such writ petitions and more particularly W.P.(C) No.6871 of 2012 has been disposed of granting relief to the Petitioner as prayed for, this writ petition may be disposed of in the light of judgment dated 28th March, 2023 passed in W.P.(C) No.6871 of 2012.

7. Accordingly, the writ petition is disposed of with a direction that the Petitioner shall be extended with the benefits as granted to the Petitioner in W.P.(C) No.6871 of 2012.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge

(R.K. Pattanaik) Judge

s.s.satapathy