Orissa High Court
M/S Executive Security Services vs M/S Orissa Minerals Development .... ... on 19 July, 2021
Bench: S.K. Mishra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16189 of 2021
M/s Executive Security Services .... Petitioner
Pvt. Ltd.
Mr. Aditya Mishra,
S. Pradhan
& A. Mishra, Advs.
-versus-
M/s Orissa Minerals Development .... Opp. Parties
Corp. Ltd.& Ors.
M/s. Baibaswata Panigrahi,
Adv.
CORAM:
JUSTICE S.K. MISHRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 19.07.2021 02. 1. This matter is taken up through Video Conferencing.
2. Heard Mr. A. Mishra, learned counsel for the Petitioner and Mr. B. Panigrahi, learned counsel for the Opposite Parties.
3. In this Writ Petition, the Petitioner has sought for quashing of the foreclosure of contract by the Opposite Parties- OMDC Ltd. impugned under Annexures-9 and 10 on the ground that the Petitioner has not been paid the differential minimum wages.
4. Firstly, it is not mentioned anywhere in the Writ Petition that the exact amount the Petitioner is entitled to on the count of minimum wages. Secondly, there is non-compliance of Page 1 of 2 // 2 // Section 219 of the Companies Act, 2013 in the sense that neither the Writ Petition nor the Annexures reveals that a decision was taken by the Board of Directors of the Company authorizing the Managing Director or the Manager to file the Writ Petition on behalf of the Company.
5. Hence, the writ petition is dismissed being devoid of merit.
6. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.
( S. K.Mishra) Judge ( Savitri Ratho ) Judge BJ Page 2 of 2