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2025 DAILYLAW 59446 (ORI)

M/S. GYANENDRA KUMAR ROUTRAY v. UNION OF INDIA

WP(C)/24800/2024 · 2025-07-24

Sanjay Kumar Mishra

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.24800 of 2024 M/s Gyanendra Kumar Routray …. Petitioner Mr. M.R. Behera, Advocate -versus- Union of India & ors. …. Opposite Parties Mr. A.P. Ray, Advocate (for ESIC) CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 24.07.2025 W.P.(C) No.24800 of 2024 & I.A. No.13060 of 2024 07. This matter is taken up through hybrid mode. 2. Heard learned Counsel for the parties. 3. During hearing, learned Counsel for the Petitioner prays for withdrawal of the writ petition with liberty to approach the EI Court under section 75 of the ESI Act, 1948. Mr. Ray, learned Counsel for the Corporation submits, he has no objection to such prayer. 4. Accordingly, the writ petition stands disposed of giving liberty to the Petitioner to approach the District Judge-cum-EI Court, Cuttack under section 75 of the ESI Act, 1948. 5. It is made clear that if an application is filed within four weeks’ hence before the EI Court, Cuttack under section 75 of the Act along with an application for condonation of delay, learned EI Court shall do well to condone the delay and proceed further in the EI Case in accordance with law. 6. In view of the liberty granted, this Court is hopeful that the Corporation shall not take any coercive action against the Petitioner until he moves appropriate application in the EI Court within the stipulated period. 7. Urgent certified copy of this order be granted on proper application as per rules. Banita (S.K. MISHRA) JUDGE Designation: SR. STENOGRAPHER