Orissa High Court
Anju Kumar Rath vs The Village Director on 21 September, 2023
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 22-Sep-2023 10:25:50
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 8234 OF 2018
Anju Kumar Rath .... Petitioner
Mr. P.C. Acharya, Advocate
-versus-
The Village Director, SOS Children's .... Opp. Parties
Village-Rourkela and another
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE R.K. PATTANAIK
ORDER
Order No. 21.09.2023
6. 1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition seeks to assail the
order dated 27th January, 2018 (Annexure-5) passed by
learned Presiding Officer, Labour Court, Sambalpur in I.D.
Misc. Case No.1 of 2015, whereby allowing an application
under Section 33-C(2) of the Industrial Dispute Act, 1947
(for short 'the Act') in part, the Petitioner has been allowed 19
days' salary only.
3. Mr. Acharya, learned counsel submits that the
Petitioner was served with an order of transfer on 11th
September, 2012. Thereafter, he was served with a reminder
on 26th December, 2012. But the Petitioner did not join the
place of posting, as he was not served with a relieve order. It
is, however, submitted that the Petitioner has worked up to 3rd
January, 2013 and thereafter he was not allowed to join the
duty. Since the Petitioner was not served with any relieve
Signature Not Verified // 2 //
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 22-Sep-2023 10:25:50
order, he could not join his place of posting. As such, he is
entitled to the salary for the entire period till 31st December,
2014. Accordingly, the Petitioner filed an application under
Section 33-C(2) of the Act for computation of his salary and
for payment of the same. Learned Labour Court only allowed
salary for 19 days'. Hence, this writ petition has been filed.
4. Notice in the writ petition has not yet been issued.
5. Considering the submission made by learned counsel
for the Petitioner and on perusal of the record, more
particularly, the impugned order under Annexure-5, it appears
that the Petitioner in his cross-examination has stated that he
was not paid salary with effect from 15th December, 2012.
But he has worked up to 3rd January, 2013. Thus, learned
Labour Court directed the Management to pay salary for 19
days' only.
6. It is submitted by Mr. Acharya, learned counsel for the
Petitioner that assailing the illegal order of transfer, the
Petitioner had filed C.S. No.46 of 2012, which was dismissed.
First appeal in R.F.A. No.19 of 2015 preferred against the said
judgment and decree was also dismissed. At present the
matter is pending before this Court in R.S.A. No.27 of 2017.
7. Since the entitlement of the Petitioner to receive the
salary has not yet been determined, learned Labour Court has
committed no error in allowing the application by directing
the Management to pay salary for 19 days' only, as it is not
disputed that the Petitioner had worked up to 3rd January, 2013
and was paid salary up to 15th December, 2012.
Signature Not Verified // 3 //
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 22-Sep-2023 10:25:50
8. In view of the above, we find no infirmity in the
impugned order under Annexure-5.
9. Accordingly, the writ petition being devoid of any
merit stands dismissed.
Urgent certified copy of this order be granted on
proper application.
(K.R. Mohapatra)
Judge
(R.K. Pattanaik)
ms Judge
