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2025 DAILYLAW 44875 (ORI)

RAGHUMANI SAHU v. THE CONTROLLING AUTHORITY CUM DIVISIONAL LABOUR COMMISSIONER, BARGARH

WP(C)/19151/2025 · 2025-07-22

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.19151 of 2025 Raghumani Sahu ..... Petitioner Represented By Adv. - Pradipta Kishore Bhuyan -versus- 1) The Controlling Authority- cum-divisional Labour Commissioner, Bargarh ..... Opposite Parties 2) The Chief Executive Officer, Sambalpur District Cooperative Central Bank, Lengumishra Chowk Represented By Adv. – Mr. S.K.Parhi, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 22.07.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard the learned counsel for the Petitioner as well as learned counsel for the State-Opposite Party. Perused the writ petition as well as the documents annexed thereto. 3. By filing the present writ petition, the Petitioner has prayed for the following reliefs:- “It is, therefore most respectfully prayed that your Lordship's may graciously be pleased to issue RULE NISI, in the nature of writ of mandamus directing the Opposite Parties more specifically Opp. No.1 to dispose of P.G. Case No.7 of 2023 filed by the petitioner under Page 2 of 3. the Payment of Gratuity Act, 1972 pending before it since 20.01.2023 within a short period frame fixed by this Hon'ble Court. And in the event of failure to comply, the said Rule be made absolute and Opp. Party No.1 be further directed to ensure expeditious disposal of the aforesaid gratuity case strictly in accordance with the law; And may further be pleased to pass any other order/orders, direction/directions, writ/writs as deem fit and proper.” 4. Learned counsel for the Petitioner, at the outset, contended that although the Petitioner has retired from service in the year 2021 from the office of the Opposite Party No.2, till date he has not been paid his gratuity dues. He further contended that some proceedings against the Petitioner are pending before the Controlling Authority-Opposite Party No.1. 5. Learned counsel for the State, on the other hand, contended that although he has no instruction in the matter, however, he will have no objection in the event this Court directs that the Opposite Party No.1 to conclude any pending proceedings against the Petitioner in the event the same are pending before the Opposite Party No.1 within a stipulated period of time. 6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case, further taking into consideration the fact that the Petitioner has not received his gratuity dues till date since his retirement in the year 2021, this Court deems it proper to dispose of the writ petition by directing the Opposite Party No.1 to look into the grievance of the Petitioner and in the event any proceeding is pending against him, the same shall be concluded as expeditiously as Page 3 of 3. possible preferably within three months from the date of communication of a copy of this order and strictly in accordance with law. Further, it is directed that in the event there is no other legal impediment, necessary steps be taken for early disbursal of the gratuity dues as due and admissible to the Petitioner. 7. With the aforesaid observation and direction, the writ petition stands disposed of. ( A.K. Mohapatra) Judge Rubi