Orissa High Court
Aswini Kumar Mohanty vs State Of Odisha And Others .... Opp. ... on 21 August, 2025
Bench: K.R. Mohapatra, Savitri Ratho
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 25-Aug-2025 12:35:14
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.33293 OF 2023
Aswini Kumar Mohanty .... Petitioner
Mr. Prasanna Kumar Rath, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Siba Narayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 21.08.2025
15. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition seeks to assail the order dated 8th February, 2023 (Annexure-1) passed by learned Presiding Officer, Labour Court, Bhubaneswar in ID Misc. Case No.20 of 2022, wherein the Petitioner was directed to be paid an amount of Rs.5,94,706/- only towards wages as an unskilled Labour along with interest of 6 per cent per annum.
3. It is submitted by Mr. Rath, learned counsel that the specific case of the Petitioner before learned Labour Court in the proceeding under Section 33-C (2) of the Industrial Disputes Act, 1947 (for brevity 'the Act') in ID Misc. Case No.20 of 2022 was that the Committee constituted for considering the entitlement of the wages of the Petitioner had unanimously recommended daily wages of the Highly Skilled Category for the Petitioner. The said minutes dated 20th December, 2017 (Annexure-6) was exhibited as Exhibit-9 being filed by the Petitioner. There was no material on record to show that the recommendation was rejected by the Competent Page 1 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Aug-2025 12:35:14 Authority. In absence of such material, the Petitioner is entitled to daily wages in the Highly Skilled Category. But, learned Labour Court, Bhubaneswar illegally refused to accept the said recommendation under Annexure-6 (Exhibit-9) observing that there is no material to show that the same was accepted by the concerned Authority.
4. It is his submission that when the Committee constituted by the Department to consider the case of the Petitioner with regard to the category in which the Petitioner is entitled to receive the daily wages, had recommended that the Petitioner is entitled to daily wages at the Highly Skilled Category, there was no justification on the part of learned Labour Court, Bhubaneswar to reject the same on a flimsy ground. Hence, he prays for setting aside the impugned order under Annexure-1 and remit the matter to learned Labour Court, Bhubaneswar for fresh adjudication of the petition filed by the Petitioner under Section 33-C (2) of the Act (ID Misc. Case No.20 of 2022).
5. Mr. Biswal, learned Additional standing Counsel, referring to the affidavit dated 20th August, 2025, filed before the Registry and is received in Court today, submits that though there was a complete ban of engagement of NMR/DLR/HR vide Finance Department Circular No.17815 dated 12th April, 1993, the Petitioner was illegally engaged as HR Worker by field level functionaries. Further, there were no guidelines/instructions of Government for up gradation of their skill category and thereby to give them higher wages from time to time. Further, one BDO and some of RWSS Engineers have passed orders at their level for giving wages at higher scale to the HR workers as a result of which Page 2 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Aug-2025 12:35:14 the Petitioner had been paid excess wages irregularly by the BDO, Mahanga w.e.f., 1st May, 2011 to 15th October, 2012 in Highly Skilled Category (Ref: Annexure-6 of the writ petition) and by the RWSS Division Cuttack from May 2019 to February, 2021 in Semi-skilled category and from March 2021 in High Skilled Category. Such actions of BDO, Mahanga and RWSS Engineers are completely unauthorized and highly irregular. Thus, the Petitioner is not entitled to the daily wages in the Highly Skilled Category, as rightly held by learned Labour Court, Bhubaneswar. He, therefore, prays for dismissal of the writ petition.
6. Taking into consideration the submission made by learned counsel for the parties and on perusal of materials on record, this Court finds that the Committee constituted to consider the category in which the Petitioner should be paid daily wages had unanimously recommended under Exhibit-9 (Annexure-6) that the Petitioner is entitled to receive the daily wages in the Highly Skilled Category. There is also no material on record to show that the recommendation of the Committee had ever been rejected by the concerned Authority. It further appears from the impugned order under Anenxure-1 that the absentee statement of the Petitioner was being sent to Executive Engineer, RWSS regularly, in which it was categorically stated that the Petitioner was drawing daily wages at Highly Skilled Category. The said absentee statements appear to have not been objected to at any point of time. These material aspects though available on record, was not considered in its proper perspective. Hence, this Court feels that learned Labour Court, Bhubaneswar should adjudicate the matter afresh, if necessary by providing opportunity to the parties to adduce evidence in support of their respective cases.
Page 3 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAKDesignation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Aug-2025 12:35:14
7. Accordingly, the impugned order under Annexure-1 is set aside and the matter is remitted to learned Labour Court Bhubaneswar to adjudicate ID Misc. Case No.20 of 2022 afresh giving opportunity to the parties to adduce evidence/further evidence in their respective cases.
8. In order to avoid further delay in the matter, parties are directed to appear before learned Labour Court, Bhubaneswar on 15th September, 2025 and receive further instructions in the matter.
9. It is needless to mention here that the parties shall cooperate with learned Labour Court, Bhubaneswar for early disposal of ID Misc. Case No.20 of 2022.
10. The writ petition of allowed to the aforesaid extent.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Rojalin Judge
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