Orissa High Court
Shankar Das vs The Management Of M/S. Paradeep .... ... on 18 March, 2025
Bench: Arindam Sinha, M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.41570 of 2023
Shankar Das .... Petitioner
Represented by-
In Person
-Versus-
The Management of M/s. Paradeep .... Opposite Party
Phosphates Limited, Khurda
Represented by Adv.-
Mr. N.K. Mishra, Senior Advocate
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
Order No. 18.03.2025
I.A. no.17492 of 2024
09. 1. Applicant appears in person. By his application he seeks
recall of our judgment dated 18th December, 2024 dismissing his
writ petition. Prayer made in the application is reproduced below.
"It is therefore prayed that this Hon'ble Court may
graciously be pleased to allow the petition by
recalling the order dt.18.12.2024 in W.P.(C)
No.41570/2023 and direct to Opp.
Party/Management to allow duty by extending all
service and consequential monetary benefits
including continuity service from 21.08.2006 and
disburse the full back wages along with 12% interest
per annum as per WA No.259/2011 judgment."
2. Applicant submits, in spite of due diligence he had omitted
to rely on two judgments of coordinate Bench made in his earlier
writ petition and review in respect thereof. They are judgments
dated 12th May, 2011 and 11th May, 2012. He submits, clear
finding and direction was on view taken that he was entitled to his
salary and benefits between the first and second orders of
dismissal. By our judgment dated 18th December, 2024 we had
dismissed his writ petition carrying challenge to second order of
dismissal, which was issued without having paid him his salary
and benefits for the interim period. Thus, there could not be
initiated disciplinary proceeding for the second time and the
proceeding initiated was bad. As such, our said judgment be
recalled.
3. Mr. Mishra, learned senior advocate appears on behalf of
the management and submits, all dues of petitioner stood
liquidated. On query made he submits, our judgment dated 18 th
December, 2024 was made in dealing with applicant's challenge to
award dated 10th November, 2023 of the tribunal, granting
approval to the proceeding terminating in the dismissal order
against him. Said was second dismissal order, the first having been
set aside on finding of lack of opportunity given to applicant. The
two judgments of coordinate Bench relied upon by applicant were
dealt with by the tribunal in its award dated 10th November, 2023,
under challenge by applicant in his writ petition, dismissed by said
judgment dated 18th December, 2024.
4. For purpose of adjudicating the application it will be
sufficient for us to reproduce paragraph-1from our judgment dated
18th December, 2024, recall of which applicant seeks.
"1. Mr. Mohanty, learned advocate appears on
behalf of petitioner and submits, impugned is award
dated 10th November, 2023 granting approval to the
disciplinary proceeding culminating in dismissal
order against his client. He submits, initially there
was a dismissal order, which did not receive
approval. The management was obliged to issue
reinstatement order. His client was prevented from
participating in the inquiry by not being reinstated
as well as non-issuance of gate pass, resulting in
second dismissal order. Prevention was also on
ground of his client being unwell. Antedated
suspension order was passed."
(emphasis supplied)
It will appear from above quoted paragraph that present contention
of applicant was his contention at the time of hearing of the writ
petition. Applicant having been heard, if aggrieved by our
judgment, he has to find his remedy.
5. On above observation the application is disposed of.
(Arindam Sinha)
Acting Chief Justice
(M.S. Sahoo)
Judge
S. Behera
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 18-Mar-2025 18:14:27
