Orissa High Court
M/S. Aditya Aluminium vs The Presiding Officer on 13 May, 2025
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 14-May-2025 10:23:30
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 38399 OF 2023
M/s. Aditya Aluminium, Lapanga .... Petitioner
Mr. Shyamsundar Tripathy, Advocate
-versus-
The Presiding Officer, Labour Court, .... Opp. Parties
Sambalpur and another
Mr. Swayambhu Mishra,
Additional Standing Counsel
(For Opp. Party No.1)
Mr. Rabindra Nath Debata, Advocate
(For Opp. Party No.2)
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 13.05.2025
7. 1. This matter is taken up through hybrid mode.
2. This I.A. has been filed for extension of time for
disposal of I.D. Case No.3 of 2022 pending before learned
Presiding Officer, Labour Court, Sambalpur.
3. Mr. Tripathy, learned counsel for the Petitioner
submits that while dismissing W.P.(C) No.38399 of 2023, this
Court, vide judgment dated 11th March, 2025, directed learned
Presiding Officer, Labour Court, Sambalpur to conclude I.D.
Case No.3 of 2022 within a period of three months from the
date of communication of the order. It is submitted that the
fairness of the domestic enquiry pursuant to which the
Designation: Senior Stenographer
Location: Orissa High Court, Cuttack
Date: 14-May-2025 10:23:30
Workman-Opposite Party No.2 was terminated, is an issue to
be adjudicated in I.D. Case No.3 of 2022. As such, the same
should be tried as preliminary issue. As yet, none of the
parties have led any evidence in the matter. To add to it,
learned Presiding Officer, Labour Court has been transferred
in the meantime. Thus, there is a bleak chance of disposal of
I.D. Case No.3 of 2022 within the period, as directed by this
Court. He, therefore, prays for a direction to extend the
period of conclusion of the proceeding by learned Labour
Court, Sambalpur.
4. Mr. Debata, learned counsel for the Workman-
Opposite Party No.2 although concedes to the submission of
Mr. Tripathy, learned counsel for the Petitioner that learned
Presiding Officer has been transferred in the meantime, but
submits that on a day-to-day hearing of the I.D. Case, the
same can be concluded within the time stipulated by this
Court. He further submits that if the Court feels that time
should be extended, it may be extended for a further period of
one month for disposal of I.D. Case.
5. Considering the submissions made by learned Counsel
for the parties, this Court finds that learned Presiding Officer,
Labour Court, Sambalpur has not yet joined after transfer of
the Officer, who was in seisin of the matter. It further appears
that trial of the I.D. Case has not yet commenced. Since
fairness of the domestic enquiry is an issue, the same should
be tried as a preliminary issue.
Designation: Senior Stenographer
Location: Orissa High Court, Cuttack
Date: 14-May-2025 10:23:30
6. On a cumulative assessment of the facts and
circumstances of the case, this Court feels that time for
disposal of I.D. Case No.3 of 2022 should be extended by four
months.
7. Accordingly, this Court grants further four months
time, in addition to the time granted vide judgment dated 11th
March, 2025 in W.P.(C) No.38399 of 2023, for disposal of
I.D. Case No.3 of 2022.
8. I.A. is disposed of accordingly.
9. Parties are directed to cooperate with learned Presiding
Officer, Labour Court, Sambalpur for early disposal of I.D.
Case No.3 of 2022.
Urgent certified copy of this order be granted on
proper application.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
ms Judge
