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High Court of Orissa · body

2014 DAILYLAW 927 (ORI)

NATIONAL INSTITUTE v. ASST.LABOUR OFFICER

WP(C)/24578/2014 · 2026-03-23

M S Sahoo

Writ Petition (Civil)body2014

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.24578 of 2014 National Institute of Science and Technology (NIST), Berhampur …. Petitioner None -versus- Assistant Labor Officer – cum- Inspector, Berhampur …. Opp. Party Mr. D.N. Lenka, AGA CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 23.03.2026 (Hybrid Mode) 05. 1. The matter has been listed under the heading of “For referral to the Special Mediation Drive 2.0- Mediation for the Nation”. 2. The writ application is pending since 2014 being presented before this Court on 15.12.2014. 3. None appears for the petitioner when the matter is called. 4. None had appeared when the matter was taken up earlier on 18.02.2026. 5. By order dated 18.02.2026, the following was directed: “2. None appears for the petitioner when the matter is called. 3. The matter shall be listed on 23.03.2026 under the same heading indicating that the matter shall be finally disposed of. The matter to retain its position in the list.” 6. Learned Addl. Government Advocate refers to the earlier non-appearance for the petitioner when the matter was listed. 7. The petitioner institution challenged the initiation of the proceeding pursuant to the 2(C) CC Case No.1191 of 2014 before the Authority under the Payment of Wages Act –cum- S.D.J.M., Berhampur and summon issued by the learned Authority –cum- Court for fixing a date of appearance to 17.11.2014. The proceeding was initiated under sub-section 2 section 15 of the Payment of Wages Act, 1936 against the Director of the petitioner-institute pursuant to a complaint lodged by the Assistant Labor Officer –cum- Inspector under the Payment of Wages Act. After issuance of notice by order dated 22.12.2014 of the Coordinate Bench, nothing has happened for the last more than eleven years. Apparently, the petitioner has lost interest in prosecuting the matter. 8. In view of the above, the petition stands disposed of. The interim order dated 22.12.2014 stands vacated and merges with the final order of disposal. 9. On perusal of the order dated 18.02.2026, it appears that typographical error has crept into the said order. Someone has corrected the order number by putting a round mark on ‘01’ and has written ‘04’ without making any endorsement or initial. Such practice is not in accordance with the Orissa High Court Rules. It may have been done by inadvertence or otherwise. The matter shall be placed before the learned Registrar (Judicial) to instruct the Superintendent as well as ASOs and other officials handling the case briefs. 10. The paragraph numbers mentioned in the order dated 18.02.2026 are “1, 2 and 2”. The 3rd paragraph shall be renumbered as “paragraph No.3” instead of “paragraph No.2”. Necessary corrections shall be carried out in the order sheet in accordance with the rules. (Mruganka Sekhar Sahoo) Judge Rajesh