The Odisha

G a z e t t e

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 325 CUTTACK, TUESDAY, FEBRUARY 13, 2024/MAGHA 24, 1945

LABOUR & E.S.I. DEPARTMENT

NOTIFICATION

The 7th February 2024

S.R.O. No. 82/2024—In pursuance of Section 17 of the Industrial Disputes Act, 1947

(14 of 1947), the award, dated the 20th November 2023 passed in the ID Case No. 04 of 2023

by the Presiding Officer, Labour Court, Sambalpur to whom the industrial dispute between the

Managing Director, M/s Action Ispat & Power Pvt. Ltd., At Pandripathar, P.O. Marakuta,

Dist. Jharsuguda and their workman Shri Rasmi Ranjan Mohapatra, S/o Shri Chakradhar Mohapatra,

At Chandanpur, P.O. Choudakulat, Dist Kendrapara-754222, At present-Biswal Builders &

Developers Ltd., Plot No. 3508, Palasuni, P.O. G.G.P. Colony, NH-5, in front of Palasuni Water

Works, Bhubaneswar-751005, Dist. Khordha was referred to for adjudication is hereby published

as in the schedule below :—

SCHEDULE

IN THE COURT OF THE PRESIDING OFFICER

LABOUR COURT, SAMBALPUR

INDUSTRIAL DISPUTE CASE NO. 04 of 2023

Dated the 20th November 2023

Present :

Shri Raghu Nandan Das, LL.B.,

Presiding Officer,

Labour Court, Sambalpur.

Between :

The Managing Director,

. .

First Party—Management

M/s. Action Ispat & Power Pvt. Ltd.,

At Pandripathar, P.O. Marakuta,

Dist. Jharsuguda.

Vrs.

Their workmen Shri Rasmi Ranjan Mohapatra,

S/o Shri Chakradhar Mohapatra,

. .

Second Party—Workmen

At Chandanpur, P.O. Choudakulat,

Dist. Kendrapara-754222,

At present Biswal Builders & Developers Ltd.,

Plot No. 3508, Palasuni, P.O. G.G.P. Colony, NH-5,

Infront of Palasuni Water Works,

Bhubaneswar-751005, Dist. Khordha.

Appearances :

None

. .

For the First Party—Management

None

. .

For the Second Party—Workmen

Date of order

. .

20-11-2023

AWARD

This case arises out of the reference under Section 12(5) read with Section 10(1)(d) of the

Industrial Disputes Act, 1947 by the Government of Odisha, Labour & E.S.I. Department vide

order dated the 5th July 2014 communicated vide Memo No. 5335(5)/LESI, dated the 5th July 2014

addressed to the Hon’ble Presiding Officer, Industrial Tribunal, Bhubaneswar for adjudication of

the dispute scheduled below:—

“Whether the action of the Management of M/s. Action Ispat and Power Pvt. Ltd.,

At Pandripathar, P.O. Marakuta, Dist. Jharsuguda in terminating of the services of

Shri Rashmi Ranjan Mohapatra by way of striking off his name from the Muster Roll

with effect from the 15th July 2013 is legal and/or justified ? If not, what, relief

Shri Mohapatra is entitled to ?”

2. The case was instituted in the Court of the Hon’ble P.O., I.T., Bhubaneswar. Thereafter,

the first party management moved to the Labour & E.S.I. Department to transfer this case from the

Industrial Tribunal, Bhubaneswar to this Court on jurisdiction ground, which was allowed vide

order dated the 25th November 2014. Being aggrieved by that order, the workman preferred W.P.

disposal of such writ petition by the Hon’ble High Court, the Hon’ble P.O., IT., Bhubaneswar passed

order on dated the 25th September 2023 transferring this case to this Court.

2.1 After receip of the case record on dated the 29th September 2023, Notices were issued

to both parties by this Court. However, the Notice issued to the workman by R.P. with A.D. returned

with an endorsement of the postal employee that “left hence RTS”. Similarly, the Notice issued to

the Management by R.P. with A.D. returned with an endorsement that “Plant has been closed

since a long time. Hence, returned to sender”.

2.2 From the above it is found that the correct address of the workman is not available in

the case record to issue Notice to him. Admittedly, in an I.D. Case of this nature, the workman is

the victim and the aggrieved person who raises an Industrial Dispute against his eployer for proper

adjudication under the provisions of the I.D. Act, 1947. The case record further reveals that the

present workman was not appearing before the Court of Hon’ble P.O., I.T., Bhubaneswar since

long. It appears that the workman is not interested to proceed with the case. In such a situation,

there is no necessity to keep pending this case, which will be a abuse of the process of the Court.

Moreover, this case was originally instituted in the year 2014, though after receipt of the same by

this Court, its number has been given of the year 2023.

Printed and Published by the Director, Directorate of Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 2535–173+9

2.3 In the above facts and circumstances of this case, this Court is of considered view to

pass a “No Dispute Award” in respect of this case. Hence, this Court does here by pass a “No

Dispute Award” so far as the present reference is concerned.

Dictated and corrected by me.

RAGHU NANDAN DAS

20-11-2023

Presiding Officer

Labour Court, Sambalpur

[ No. 1069—LESI-IR-ID-0198/2023-LESI.]

By order of the Governor

NITIRANJAN SEN

Additional Secretary to Government