20.04.2026
(Hybrid mode)
06. 1. The I.A. has been filed by the Petitioners in the writ
application, after the W.P.(C) No.37042 of 2023 was disposed of
by order dated 22.03.2024. The prayer made in the I.A. is
reproduced herein:-
"Under the facts and circumstances stated above, this
Hon'ble Court may graciously be pleased to allow this
application clarifying paragraph-4 of the order dated
22.03.2024 passed in W.P.(C) No.37042 of 2024 enabling
the Workmen to get regularized and to pay the wages
applicable to the regular employees of the industry w.e.f.
18.01.2016 and pass an order and further be pleased to
pass any such other order/orders as this Hon'ble Court
may deem just and proper;
And for this act of kindness, the petitioners shall as in
duty bound ever pray."
2. As the Writ Petition was disposed of by division Bench
consisting of one of us (M.S. Sahoo, J.), the matter is listed
before this Bench as the other Hon'ble Judge who was part of the
Bench is not available.
3. After disposal of the Writ Petition being W.P.(C)
No.37042 of 2023, the Opposite Party-Management have
obtained change of counsel and Mr. Patnaik, learned counsel now
appears on behalf of the Management.
Mr. D. Mohanty, learned Additional Government Advocate
appears on behalf of Opposite Party No.1-State.
4. It is submitted by the learned counsel appearing for the
Employees/Workmen that she would stand by the submission as
noted at paragraph-2 of the order dated 22.03.2024 that her
clients have still not been regularized.
It is submitted that after this Court had directed for
implementation of the award in Lok Adalat, which has been
reproduced in the order dated 22.03.2024, i.e., the order passed
in National Lok Adalat on 22.04.2018 in W.P.(C) No.11856 of
2016.
5. The learned counsel, Mr. Patnaik for the Management
refers to the paragraph-3 of the order dated 22.03.2024, which
had reproduced paragraph- 3 from the counter filed by the
Opposite Party-Management in the said Writ Petition. Paragraph-
3 of the order passed in the Writ Petition dated 22.03.2024 is
reproduced herein:-
"3. Mr. Sharma, learned advocate, Additional
Government Advocate appears on behalf of State. Mrs.
Mohanty, learned advocate appears on behalf of opposite
party no.3 (management). On query from Court she
submits, counter has been filed. We reproduce below
paragraph-3 from the counter.
"That the averment made in para-1 is not all true
and correct because the petitioners have suppressed
some material facts and have not approached this
Hon'ble Courts with clean hands. In this respect, it is
submitted that the Management has taken steps
to implement the Order passed by National Lok
Adalat and they have been engaged regularly in
the Civil Section of the Industry w.e.f. 01.02.2019.
A photocopy of the approved Note Sheet is filed
herewith as ANNEXURE-C/1 for kind perusal of this
Hon'ble Court."
6. Learned counsel, Mr. Patnaik refers to 'Annexure-C/1' of
the counter in W.P.(C) No.37042 of 2023 and submits that
'Annexure-C/1' would disclose the 'Workmen were engaged as
NMR', therefore, the Division Bench disposing of the Writ Petition
No.37042/2023 had the occasion to consider the matter in the
context of Annexure-C/1.
7. In our considered view, the Division Bench only quoted
the paragraph-3 from the counter affidavit of the Opposite Party
No.3-Management which was their statement on oath, part of
pleadings in the Writ Petition to highlight that the Opposite Party
No.3 have stated on oath that they have implemented the order
passed by the National Lok Adalat.
8. It is further fairly submitted by the learned counsel for
the Opposite Party-Management that after seeking Review of the
order dated 22.03.2024 in RVWPET No.146/2024, which was
dismissed, the Workmen/Employees have been paid their back
wages from the date of the award dated 18.01.2016 passed by
the Labour Court, Jeypore in I.D. Case No.07/2014. The
Management have not challenged the order passed in the Review
Petition nor the order dated 22.03.2024 passed in the Writ
Petition.
9. Learned counsel Miss Mahapatra, appearing for the
Workmen submits that despite being successful before Industrial
Tribunal, before the High Court in Lok Adalat and thereafter the
Division Bench taking note of compliance of the order passed by
the Lok Adalat and also being successful in the Review Petition,
they are yet to get regularized, which is also substantiated from
the submissions made by the learned counsel for the
Management before this Bench referring to Annexure-C/1 in the
counter filed in the disposed of Writ Petition.
10. At this stage, we would only clarify to the extent that the
Division Bench taking up the Writ Petition, that had a prayer for
implementation of the order by the Lok Adalat, never had any
occasion to reinterpret the said order nor had intended to have a
relook regarding the issue of regularization. Looking at the
averments in paragraph-3 of counter of Management regarding
implementation of the order of the National Lok Adalat, the said
paragraph was quoted and it was in the context of
implementation of the order passed in the Lok Adalat, not for any
other purpose.
11. The other relevant paragraphs in the counter affidavit in
W.P.(C) No.37042 of 2023 that speaks of the implementation of
the award, as stated in the counter affidavit is paragraph-6,
which is reproduced herein:-
"6. That the averments made in para-8 are not all
true and correct. The Management have engaged
them in Civil Section on regular basis w.e.f.
01.02.2019 and getting their salaries on a regular
basis since then ...........".
12. Now the subsequent events as have unfolded, the
Workmen have been paid wages up to the current month starting
with 18.01.2016 i.e. date of the award of the Industrial Tribunal.
13. The impression given/gathered by the Opposite Party-
Management that since they annexed Annexure-C/1 to the
counter, that would have led to a different conclusion, is
apparently contrary to their own averments supported by
affidavit on record, particularly the averments made by the
Opposite Parties at paragraphs-3, 6 and 7 of the counter
affidavit, which were taken note of by the Bench disposing of the
Writ Petition observing at paragraph-4 of the judgment that the
"... petitioners can have no doubt in their minds about their
regularization because management has said regularization was
on 1st February, 2019...".
14. The order of regularization of the petitioners as has been
stated in the counter in W.P.(C) No.37042 of 2023 and noted in
the judgment of the Division Bench, shall be issued, if not already
issued, w.e.f. 1st February, 2019.
15. With these observations and clarification, the I.A. is
disposed of.
(Manash Ranjan Pathak)
Judge
(Mruganka Sekhar Sahoo)
Judge
Narayan/Ranjeeta
