Orissa High Court
M/S. Aditya Aluminum vs State Of Odisha And Others .... Opp. ... on 6 November, 2025
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 07-Nov-2025 16:11:13
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.9181 of 2024
M/s. Aditya Aluminum, Lapanga .... Petitioner
represented through its Chief Executive
Mr. Shyam Sundar Tripathy, Advocate
-versus-
State of Odisha and others .... Opp. Parties
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. 06.11.2025
08. IA No.18991 OF 2025
1. This matter is taken up through hybrid mode.
2. This is an application for extension of time for a further
period of one year to conclude the proceeding in ID Case No.03 of
2023 pending before learned Presiding Officer, Labour Court,
Sambalpur.
3. Mr. Tripathy, learned counsel for the Petitioner-
Management submits that the Workman in his written Statement
has taken a plea with regard to fairness of the domestic inquiry.
Accordingly, preliminary issue with regard to the fairness of the
domestic inquiry has been framed. At present, the examination of
witness from the side of the Workman in respect of the preliminary
issue has already been completed and the matter is posted to 11th
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 07-Nov-2025 16:11:13
November, 2025 for further examination/cross examination of the
witness of the Management.
4. Though not stated in the petition, Mr. Tripathy, learned
counsel for the Management submits that due to illness of the
witness of the Management, adjournments were sought for. He
undertakes that the Management shall co-operate with the learned
Labour Court for early adjudication of the ID Case.
5. Mr. Debata, learned counsel for Workman vehemently
objects to the same. It is his submission that out of 17 dates for
adjudication of the preliminary issue, the Management has taken 9
adjournments. It is his submission that it is due to the non-
cooperation of the Management, the matter is being adjourned and
the Workman is being harassed. It is submitted that while
disposing of the writ petition vide judgment dated 11th March,
2025, this Court specifically directed learned Labour Court to
dispose of ID Case No.03 of 2023 within a period of three months
from the date of communication of the said judgment. Further,
vide order dated 13th May, 2025 in IA No.7811 of 2025, this Court
has extended the time for a further period of four months. Till date,
adjudication of the preliminary issue is not completed due to non-
cooperation of the Management. Thus, the application merits no
consideration and is liable to be dismissed.
6. Upon hearing learned counsel for the parties and on perusal
of the record, this Court finds that the judgment was passed on 11th
March, 2025 with a direction to dispose of ID Case No.03 of 2023
within a period of three months from the date of communication of
the judgment. An extension of time for a period of four months
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 07-Nov-2025 16:11:13
was also be granted vide order dated 13th May, 2025 in IA No.7811
of 2025.
7. Mr. Tripathy, learned counsel for the Management brought
to the notice of the Court that examination of the witnesses from
the side of the Workman on the preliminary issue has already
completed and the matter is posted to 11th November, 2025 for
further examination/cross examination of the witness of the
Management. On perusal of the IA, this Court does not fine any
explanation as to why adjudication of the preliminary issue has not
yet completed inspite of specific direction of this Court. It is,
however, submitted that learned counsel for the Workman that out
of 17 dates for adjudication of the preliminary issue, the
Management had taken 9 adjournments. Although, Mr. Tripathy,
learned counsel for the Management objects to the same, but no
document in support of either of the submission is available on
record.
8. Be that as it may, this Court takes exception to the delay in
disposal of the ID Case, more particularly, adjudication of the
preliminary issue.
9. This Court, however, taking a lenient view in the matter,
directs learned Presiding Officer, Labour Court, Sambalpur to
dispose of ID Case No.03 of 2023 by end of March, 2026. It is
made clear that prayer for adjournment by any of the parties to the
ID Case shall be strictly scrutinized before entertaining such a
prayer. The parties are directed to cooperate with learned Presiding
Officer, Labour Court for early disposal of the ID Case.
Reiterating the observations made in judgment dated 11th March,
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 07-Nov-2025 16:11:13
2025, this Court directs that long/unnecessary adjournments shall
be avoided by learned Labour Court.
10. The IA is accordingly disposed of.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
Rojalin
