Orissa High Court
Chaitanya Mallik vs State Of Odisha And Others .... Opp. ... on 14 September, 2023
Bench: K.R. Mohapatra, R.K. Pattanaik
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 15-Sep-2023 12:05:21
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 24290 OF 2023
Chaitanya Mallik .... Petitioner
Mr. Manoj Mishra, Senior Advocate
being assisted by Mr. Dillip Kumar Patnaik, Advocate
-versus-
State of Odisha and others .... Opp. Parties
M. Swayambhu Mishra,
Additional Standing Counsel
(For Opposite Party Nos.1 to 3 & 5)
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE R.K. PATTANAIK
ORDER
Order No. 14.09.2023
3. 1. This matter is taken up through hybrid mode.
2. In this writ petition, the Petitioner being a Pump Driver prays for a direction more particularly Opposite Party No.6, namely, Kunduli Gram Panchayat, Nimapada in the district of Balasore to pay him minimum wage along with arrears as per the notifications under Annexures-5, 8 and 14 series and subsequent notification of the Labour and ESI Department within a stipulated period.
3. Mr. Mishra, learned Senior Advocate appearing for the Petitioner submits that similar such Writ Petitions [one of which, W.P.(C) No.6871 of 2012] was disposed of by this Court vide judgment dated 28th March, 2023 with the following direction.
"16. This Court accordingly allowing the Writ Petition directs the Opposite Party No.6 in extending the minimum wages benefit under Notifications since 2015 to 2021, to enter into the calculation on the payment of arrear wages to the Petitioner in terms of the Gazetee notification issued by the Labour & E.S.I. Department since 24.07.2015 and in the calculation paid up to the Page 1 of 3 Signature Not Verified Digitally Signed // 2 // Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 15-Sep-2023 12:05:21 last notification dated 02.11.2021 and find out the arrear required to be paid to the Petitioner. The arrear as per the calculation following the direction of this Court be also released in favour of the Petitioner herein at least within a period of one month and the payment of arrear be made to the Petitioner within a further period of fifteen days of the calculation. Failure of payment as per above time stipulation, the Petitioner will be entitled to interest @ 6% per annum all through.
17. The Writ Petition succeeds but in the circumstance there is not order as to cost."
The Petitioner had also earlier moved this Court in W.P.(C) No. 20474 of 2012 for the self-same relief, which was disposed of vide order dated 28th March, 2023 in the light of the afore-quoted order passed in W.P.(C) No.6871 of 2012. During pendency of the said writ petition, 'Kunduli' Gram Panchayat-Opposite Party No.6 was bifurcated and services of the Petitioner was placed with newly created Gram Panchayat 'Saudi', Langaleswar in the district of Balasore with effect from the date of bifurcation. The said fact could not be brought to the notice of this Court while W.P.(C) No.20474 of 2012 was taken up for disposal. As such, the Petitioner is unable to get the benefit of the order passed in W.P.(C) No.20474 of 2012 with effect from the date of bifurcation and creation of the Gram Panchayat of Saudi in which the services of the Petitioner as Pump Driver has been placed at present.
4. Thus, the Petitioner filed IA No.7528 of 2023 for modification the order passed in W.P.(C) No.20474 of 2012 and to implead Saudi Gram Panchayat as Opposite Party No.7 to the said writ petition. The said IA was disposed of vide order dated 24th July, 2023 with the following order.
"2. Looking to the nature of defect, this Court finds this is uncertain defect that too in disposing of the writ Page 2 of 3 Signature Not Verified Digitally Signed // 3 // Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 15-Sep-2023 12:05:21 petition. Declining to grant any further time, this Court reject the interim application for modification. This Court, however, observe it is open to the petitioner to avail any other remedy available to the petitioner in the circumstances herein."
Accordingly, this writ petition has been filed.
5. Office note discloses that none has yet appeared on behalf of Opposite Party Nos.6 and 7-GPs.
6. Mr. Mishra, learned ASC submits that since similar such writ petitions and more particularly W.P.(C) No.6871 of 2012 has been disposed of granting relief to the Petitioner as prayed for, this writ petition may be disposed of in the light of judgment dated 28th March, 2023 passed in W.P.(C) No.6871 of 2012. He, however, submits that the Petitioner may be entitled to the benefit from 'Kunduli' GP till the date of bifurcation and from 'Saudi' GP from the date his services were placed with the said GP.
7. Accordingly, the writ petition is disposed in the light of the judgment passed in W.P.(C) No.6871 of 2012, as quoted above. Petitioner shall be entitled to the benefit from Opposite Party No.6- 'Kunduli' GP till 10th March, 2017, i.e., the date on which the GP was bifurcated and from Opposite Party No.7-'Saudi' GP from the date the said GP is created. In other words, the Petitioner shall be entitled to the benefit as aforesaid from 'Saudi' GP with effect from 11th March, 2017.
Issue urgent certified copy of the order on proper application.
(K.R. Mohapatra) Judge s.s.satapathy (R.K. Pattanaik) Judge Page 3 of 3