Orissa High Court
Executive Engineer vs Udaynath Dakua & Another ... Opposite ... on 16 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.27067 of 2017
Executive Engineer, Cuttack ... Petitioner
Investigation Division,
Jobra, Cuttack
Mr. P. P. Behera, ASC
-versus-
Udaynath Dakua & another ... Opposite Parties
Mr. S. Ray, Adv.
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
16.10.2025
Order No.
07. This matter is taken up through hybrid mode.
2. Learned Counsel for the parties are present.
3. Learned Counsel for the State files photocopies of
instruction received from the Office of the Superintending
Engineer, Cuttack Investigation Division,Cuttack-01 vide
Letter No.2221/WE dated 08.09.2025 along with
enclosures, which be kept on record.
4. Paragraph-4 of the order dated 20.06.2025 in
connected writ petition, i.e., WP(C) No.27061 of 2017, so
also Paragraph-a to c of the instruction received vide
Letter No.2221/WE dated 08.09.2025, being relevant, are
extracted below:-
Extract from the order dated 20.06.2025
passed in WP(C) No.27061 of 2017
"4. Mr. Ray, learned Counsel for the Opposite
Party hands up the photocopy of one of such
judgment dated 08.08.2023 passed in P.G.
Case No.21 of 2017 along with letter dated
28.03.2024 of the Superintending Engineer
Cuttack Investigation Division, Cuttack-01
addressed to the Controlling Authority under
the Payment of Gratuity Act-cum-Divisional
Labour Commissioner, Cuttack, with proof of
implementation of the said judgment after
handing over copies of the same to the learned
Counsel for the State-Petitioner. The same be kept
on record."
(Emphasis supplied)
Extract from the Letter No.2221/WE dated
08.09.2025
"a. Whether, the judgment in P.G. Case No.21
of 2017 passed on 08.08.2023 is identical as
that of the present case?
---Yes, the judgment in P.G. Case No.21 of 2017
passed on 08.08.2023 of the Hon'ble Divisional
Labour Commissioner, Cuttack is identical as that
of the present cases mentioned above.
b. Whether, the said judgment has been
implemented and the present petitioner is
covered and identical to the above case or
not?
---The aforesaid judgment Dt.08.08.2023 of the
Hon'ble Divisional Labour Commissioner, Cuttack
passed in P.G. Case No.21 of 2017 has already
been implemented as per the instruction of the
Chief Engineer, Survey & Investigation, Odisha,
Bhubaneswar vide their Lr. No.476/WE,
Dt.01.03.2024 by virtue of the letter No.5759/WR,
Dt.2702.2024 of the Department of Water
Resources (O) BBSR and the present petitioners are
covered and identical to the above mentioned case.
c. If similarly situated persons are
extended the benefit of the judgment
Dt.08.08.2023 passed in P.G. Case No.21 of
2017 then what prejudice will be caused if the
present Opp. Parties are extended with the
similar benefits?
---No similarly situated person of this Division has
been extended, the benefit of the judgment
Dt.08.08.2023 passed in P.G. Case No.21 of 2017,
if the present Opp. Parties are extended with the
similar benefits, the financial ex-chequer of the
Govt. may be hampered a lot.
In this regard, the copy of this office letter
No.1486/WE, Dt.01.07.2025 along with its
enclosures are submitted herewith for favour of
your kind information and ready reference."
5. Needless to mention here that there is a specific
provision of appeal under Section 7(7) of the Payment of
Gratuity Act, 1972, which mandates pre-deposit of the
awarded amount. It seems that, to avoid such deposit,
despite availability of alternative remedy, the State has
preferred the present writ petition challenging the order
passed by the Controlling Authority under the Payment
of Gratuity Act., 1972, which is not maintainable.
6. However, in view of the said instruction received
from the office of the Superintending Engineer, Cuttack
Investigation Division, Cuttack-01, the writ petition
stands dismissed.
7. In view of dismissal of the writ petition, the
Petitioner is directed to take necessary steps for
implementation of the impugned order dated 24th
February, 2016 passed in PG Case No.05 of 2015 at the
earliest, preferably within a period of four weeks hence.
(S.K. MISHRA)
JUDGE
Mona
Location: High Court of Orissa
