Research › Search › Judgment

Orissa High Court · body

2023 DIGILAW 117 (ORI)

Management, Hotel May Fair, C. T. Road Puri, Odisha v. Hon`ble Presiding Officer, Labour Court

2023-01-20

ARINDAM SINHA, M.S.SAHOO

body2023
JUDGMENT W.P.(C) Nos.8931 of 2018 & 9078 of 2018 1. Mr. Mishra, learned senior advocate appears on behalf of petitioners (management). He submits, maintainability of the industrial dispute raised by petitioners under section 2-A(2) of Industrial Disputes Act, 1947, wherein impugned notice dated 12th March, 2018 requiring his client to file written statement stands issued, is under challenge. The workman and his client duly executed settlement dated 11th April, 2015 regarding the workman's grievance of termination, in respect of which purported industrial dispute has been subsequently raised. 2. Mr. Swain, learned advocate appears on behalf of the workman. He submits, the management has filed another writ petition [W.P.(C) no.9078 of 2018]. Therein order dated 5th April, 2018 was made on recording in that the management had filed objection to his client's application made under section 33-C(2). 3. Application made under section 33-C(2) is for crystallization of the entitlement that a workman claims. Case of management is that the workman is bound under sub-section (3) in section 18 on having entered into the settlement dated 11th April, 2015. As such he cannot raise an industrial dispute claiming termination prior thereto. 4. On query from Court Mr. Swain submits, some time be granted to his client to file counter in both the writ petitions. Considering that the petitions were filed in year 2018, we grant extension as peremptory. 5. Counters in both writ petitions be filed by 3rd February, 2023. Petitioners may file rejoinders thereto, to be accepted on adjourned date upon advance copies served. It is made clear, in event counters are not filed, there is likely to be adverse presumption against the workman. 6. List on 10th February, 2023 along with W.P.(C) no.9078 of 2018. 7. Interim order to continue till next date of hearing.