Lokanath Pradhan vs ) State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 5114 Ori

Orissa High Court

Lokanath Pradhan vs ) State Of Odisha ..... Opposite Parties on 19 March, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             WP(C) No.5622 of 2025
            Lokanath Pradhan              .....      Petitioner
                                                                Represented By Adv. -
                                                                Jagamohan Pattanaik

                                             -versus-
            1) State Of Odisha                          .....       Opposite Parties
            2) Chairperson Of Markfed                           Represented By Adv. -
            3) Managing Director Oscmf Ltd                      Mr.M.R.Mohanty,AGA
            4) Odisha State Cooperative
            Marketing Federation Limited
            5) Managing Director, Odisha State
            Cooperative Marketing Fedration
            Limited

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                             ORDER

19.03.2025

Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto.

3. The present Writ Petition has been filed by the Petitioner with the following prayer:

"In the circumstances stated above, the Petitioner most humbly and respectfully prays that the Hon'ble Court may graciously be pleased to direct the Opp.Parties to regularise/absorb the Petitioner regularly in service retrospectively with all consequential service and financial benefits with effect

from the date others were regularised/regularly absorbed as Junior Assistant/Sales Assistant vide order dated 31.10.2010 under Annexure-3.

And further be pleased to pass any other order/orders as deemed fit and proper in the circumstances of the case;"

4. It is stated by the learned counsel for the Petitioner that initially the Petitioner joined under the Management on NMR basis on 01.07.1988. Thereafter, on 15.03.1993 he was retrenched from service illegally. In view of such fact, learned counsel for the Petitioner submitted that the Petitioner approached the Labour Court, Bhubaneswar by filing I.D.Case No.17 of 1997. Thereafter the Labour Court vide its order dated 11.05.2006 allowed the application and quashed the order of retrenchment dated 15.03.1993.

5. Learned counsel for the Petitioner further contended that similarly situated persons and junior to the Petitioner who were also engaged on NMR basis have been regularised in service and regularly absorbed against the post of Junior Assistant/Sales Assistant with effect from 31.12.2010. In the meantime, the Opposite Parties assailed the award of the Labour Court passed in I.D.Case No.17 of 1997 by filing W.P.(C) No.1131 of 2007 before this Court. A Division Bench of this Court vide judgment dated 24.02.2022 dismissed the Writ Petition upholding the order passed by the Labour Court in the aforesaid I.D.Case. Finally, the Opposite Parties reinstated the Petitioner in service as Sales Assistant on NMR basis with effect from 23.11.2022. Thereafter, the Petitioner submitted representations on 17.04.2023, 08.06.2023, 23.07.2023, 13.03.2024 and 12.09.2024 with a prayer to regularise his service by absorbing him in available vacancy against the post of Junior Assistant/Sales Assistant.

Learned counsel for the Petitioner at this juncture submitted that despite the Managing Committee having taken a decision in its 6th Managing Committee Meeting held on 07.10.2024 decided to absorb the Petitioner against available vacancy as Junior Assistant/Sales Assistant. However, such decision has not been given effect to. Being aggrieved by such inaction of the Opposite Parties, the Petitioner has approached this Court by filing the present Writ Petition.

6. Having heard learned counsel for the Petitioner, on careful examination of the background facts of the present case, further keeping in view the decision of the Managing Committee meeting held on 07.10.2024 under Annexure-8 to the Writ Petition, this Court deems it proper to dispose of the Writ Petition by directing the Opposite Party No.2 to act upon the decision taken by the Managing Committee in its meeting held on 07.10.2024 under Annexure-8 within a period of six weeks from the date of communication of certified copy of this order, if there is no other legal impediments. Any decision so taken by the Opposite Party No.2 be communicated to the Petitioner within 10 days thereafter.

7. With the aforesaid observation/direction the Writ Petition is disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge RKS

Location: High Court of Orissa