Orissa High Court
M/S. Balasore Alloys Ltd vs State Of Odisha & Others .... Opposite ... on 26 September, 2023
Bench: K.R. Mohapatra, R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15974 of 2019
M/s. Balasore Alloys Ltd .... Petitioner
Mr. S.D. Das, Senior Advocate
-Versus-
State of Odisha & Others .... Opposite Parties
Mr. Swayambhu Mishra, ASC for O.P. Nos. 1 to 8
Mr. U.K. Samal, Advocate for O.P. No.9.
CORAM:
MR. JUSTICE K.R. MOHAPATRA
MR. JUSTICE R.K. PATTANAIK
ORDER
Order No. 26.09.2023
05. 1. This writ petition has been filed seeking for the
following relief;
" The petitioners, therefore pray that this Hon'ble
Court be graciously be pleased to issue Rule Nisi calling upon the Opposite Parties to show cause as to why a writ of mandamus or any other writ or writs shall not be issued;
i) Declare the strike call made by the Opp. Party No.9/Sukinda Region Chromite Khadan Mazdoor Sangh is illegal;
ii) Direct the Central Labour Authority/Opp. Parties No.7 and 8 to take appropriate steps to declare the strike illegal;
iii) Further direct the State Authority/Dist. Administration to deploy adequate police force to ensure the loading of ore at Mines of the petitioner by machine loading system to avoid any disruption of transportation of ore from mines to the factory premises as per previous practice of first come first load basis;
iv) If the opposite parties fail to show cause and/or show insufficient cause to make the said rule absolute; and Page 1 of 3
v) To pass such order writ or writs and order or orders which would afford complete relief to the petitioner. "
2. Mr. Das, learned Senior Advocate draws attention of this Court to Paras-9, 10 and 14 of the counter affidavit filed by the Additional Superintendent of Police, Kalinganagar, Jajpur- Opposite Party No.5. For better appreciation, the averments made in Paras- 9, 10 and 14 of the counter affidavit filed by opposite party No.5 are reproduce hereinunder;
"9. That in pursuance to the order of Hon'ble High Court of Odisha, Cuttack vide WP (c) No-12995 of 2019 dt. 2.8.19, the District Collector, Jajpur had passed order on dt.20.08.19 to implement the first come first load system in transportation of chrome ore.
10. That in view of the said order the local mineral truck owner associations has voluntarily withdrawn its truck from transportation of chrome ore from different mines including the mines of Balasore Alloys at Kaliapani chrome valley.
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14. That, two platoons of Armed Police Force have been deployed till today at different places at Kaliapani chrome valley to avoid any untoward situation though the voluntary non-cooperation of local truck owners association was peaceful.
Since 05.09.19 the small trucks again reported at mines for carrying chrome ore to different distinctions and since then transportation is continuing peacefully including from the Mines of Balasore Alloys Ltd."
3. Mr. Das, learned Senior Advocate therefore submits that in view of such averments nothing remains to be adjudicated in the writ petition.
4. Mr. Mishra, learned Additional Standing Counsel appearing for Opposite Party Nos.1 to 8 submits that in view of the averments made in the counter affidavit as referred to by Page 2 of 3 Mr. Das, learned Senior Advocate, nothing remains to be adjudicated in the writ application as the grievance of the petitioner has already been redressed.
5. Mr. Samal, learned counsel appearing for Opposite Party No.9 also supports the submission of Mr. Mishra, learned Additional Standing Counsel.
6. In view of the above, the writ petition is disposed of in terms of the aforesaid averments at Paras-9, 10 and 14 of the counter affidavit filed by Opposite Party No.5.
(K.R. Mohapatra)
Judge
Balaram (R.K. Pattanaik)
Judge
Signature Not Verified
Digitally Signed
Signed by: BALARAM BEHERA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK Date: 27-Sep-2023 12:24:22 Page 3 of 3