The Odisha
G a z e t t e
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 915 CUTTACK, WEDNESDAY, APRIL 16, 2025/CHAITRA 26, 1947
LABOUR & E.S.I. DEPARTMENT
NOTIFICATION
The 8th April 2025
S.R.O. No. 215/2025—In pursuance of Section 17 of the Industrial Disputes Act, 1947
(14 of 1947), the Award dated the 17th March 2025 passed in the I.D. Case No. 32 of 2024 by the
Presiding Officer, Labour Court, Bhubaneswar to whom the industrial dispute between the Proprietor,
M/s S.K.Dalai, At Arakhia, P.O. Balia, Kujanga, Jagatsinghpur, 2. M/s Laxminarayan Traders,
At Nimidhi, P.O./P.S. Paradeep, Dist. Jagatsinghpur, 3. M/s Oxybee Solution Pvt. Ltd., At G-U3,
Rock Enclave, Opp. Joy Ice Factory, Chakop Kandivali (W), Mumbai-400067, 4. M/s Rand Stad,
At Space No. d.c.b. 412, Fourth Floor. dIr. Cyber City, Patia. Chandaka Industrial Estate, Sekharpur,
Bhubaneswar-751024, Dist. Khurda, 5. The Management, M/s Kals Breweries Pvt. Ltd., At East
Coast Breweries Unit, Paradeep, Dist. Jagatsinghpur, 6. M/s Anheuser Busch InBev India Ltd.,
At 6th Floor, Green Heart Building, MFAR Manyata Tech Park Phase-IV, Nagvara Bengalure,
Karnataka-560045, 7. M/s Anheuser Busch InBev India Ltd., 301/302, Dynasty Business Park,
13 Wing, Andheri, Kurla Road, Andheri(E), Mumbai, Maharashtra-400059 and M/s East Coast
Breweries Employees Union, At East Coast Breweries Unit, At Bijayachandrapur, Atharabanki,
Paradeep, Dist. Jagatsinghpur-754120 was referred for adjudication is hereby published in the
schedule below :—
SCHEDULE
IN THE LABOUR COURT, BHUBANESWAR
INDUSTRIAL DISPUTE CASE NO. 32 of 2024
Dated the 17th March 2025
Present :
Smt. Meenakshee Priyadarshinee
Presiding Officer, Labour Court,
Bhubaneswar.
Between :
1.
The Proprietor,
. .
First Party—Managements
M/s S.K. Dalai,
At Arakhia, P.O. Balia,
Kujanga, Jagatsinghpur.
2
2.
M/s Laxminarayan Traders,
At Nimidhi,
P.O./P.S. Paradeep,
Dist. Jagatsinghpur.
3.
M/s Oxybee Solution Pvt. Ltd.,
At G-U3, Rock Enclave,
Opp. Joy Ice Factory,
Chakop Kandivali (W),
Mumbai-400067.
4.
M/s Rand Stand,
At Space No. d.c.b. 412,
Fourth Floor. dIr. Cyber City,
Patia, Chandaka Industrial Estate,
Sekharpur, Bhubaneswar-751024,
Dist. Khurda.
5.
The Management,
M/s Kals Breweries Pvt. Ltd.,
At East Coast Breweries Unit,
Paradeep, Dist. Jagatsinghpur.
6.
M/s Anheuser Busch InBev India Ltd.,
At 6th Floor, Green Heart Building,
MFAR Manyata Tech Park Phase-IV,
Nagvara Bengalure, Karnataka-560045.
7.
M/s Anheuser Busch InBev India Ltd.,
301/302, Dynasty Business Park,
13 Wing, Andheri, Kurla Road,
Andheri(E), Mumbai,
Maharashtra- 400059.
And
M/s East Coast Breweries Employees Union,
. .
Second Party—Workman
At East Coast Breweries Unit,
At Bijayachandrapur, Atharabanki,
Paradeep, Dist. Jagatsinghpur-754120.
Appearances :
None
. .
For the First Party—Managements
None
. .
For the Second Party—Workman
AWARD
The Government of Odisha in the Labour & E.S.I. Department in exercise of powers
conferred upon it by sub-section (5) of Section 12 read with Clause (d) of sub-section (1) of
Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) have referred the following dispute for
adjudication by this Court vide their Memo. No. 8642/LESI, dated the 3rd October 2024 :—
“Whether refusal of employment of (1) Shri Sudhir Kumar Malla and 61 others
(as per Annexure-A) by M/s S.k. Dalai, (2) Shri Naresh Nayak and 13 others (as
per Annexure-B) by M/s Laxminarayan Traders, (3) Shri Gourahari Bai and 2 others
(as per Annexure-C) by M/s Oxybee Solution Pvt. Ltd. and (4) Shri Ranjan Kumar
3
Printed and Published by the Director, Directorate of Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 125–173+9
Swain and 2 others (As per Annexure-D) by M/s Rand Stad, sub-contractors of
contractor M/s Anheuiser Busch InBev India Ltd. (now taken over by M/s Kals
Breweries Pvt. Ltd.), under the Management of M/s East Cost Breweries Unit,
Paradeep w.e.f. the 24th March 2020 is legal and/or justified ? If no, what relief the
concerned workmen as per Annexure-A to D respectively are entitled to ?
2. On close scrutiny of the case record, it is found that after receipt of the above dispute
from the appropriate Govt., notice was issued to the second party union for filing of statement of
claim through post vide this Office Letter No. SS79, dated the 15th January 2025. But, the second
party union neither appeared nor filed their statement of claim. It is further found that the copy of
the above reference was also issued to the second party union by the Govt. in Labour & E.S.I.
Department vide their Memo. No. 8644, dated the 3rd October 2024 with a direction to file complete
statement of claim with relevant documents, list of documents and witnesses before this Court
within 15 days of the receipt of the order of reference. It is also revealed from the case record that
on dated the 12th November 2024 this Court has received the above reference from the appropriate
Govt. and meanwhile more than three months have already been passed, but the second party
union neither appeared nor filed their statement of claim despite notice of this Court. So, it can be
presumed that the second party union is not interested to proceed with this case.
Thus, in absence of pleading from the side of the second party union and evidence on
record, it is not possible to answer the reference in any manner. Considering the above facts and
circumstances, this Court is constrained to pass a ‘No Dispute Award’ in this case. Accordingly, a
‘No Dispute Award’ is passed insofar as the present reference is concerned.
Dictated and corrected by me.
MEENAKSHEE PRIYADARSHINEE
MEENAKSHEE PRIYADARSHINEE
17-03-2025
17-03-2025
Presiding Officer
Presiding Officer
Labour Court, Bhubaneswar
Labour Court, Bhubaneswar
[No. 3436—LESI-IR-ID-0013/2023-LESI.]
By order of the Governor
MADHUMITA NAYAK
Additional Secretary to Government