IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 32362 of 2024 Shrutiranjan Biswal …. Petitioner Mr. Jyoti Ranjan Khuntia , Advocate -versus- State of Odisha and Others …. Opp. Parties Mr. D. Nayak, AGA Mr. Lalit Kumar Maharana, Advocate For the TPCODL CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 10.01.2025 01. 1. Heard learned counsel for the Petitioner and the State. 2. This Writ Petition has been filed by the Petitioner with the following prayer:- “Under the above circumstances, it is humbly prayed that the writ petition may be allowed; And (A) a writ of mandamus or an appropriate writ may be issued commanding the opposite parties more particularly to opposite party Nos. 1 and 2 to regularize the services of the petitioner against the post of Non-ITI (Semiskilled- Revenue Collection) by taking into account his long and continuous service both under Central Electricity Supply Utility p. 2 of Odisha (CESU) and Tata Power Central Odisha Distribution Ltd. and keeping in view the decision of the Hon'ble Apex Court rendered in the case of Bhagawat Prasad and others Vs. Delhi State Mineral Development Corporation and others reported in AIR 1990 SC 371, within a time to be stipulated by this Hon'ble Court; (B) And any other order/orders or direction/directions may be issued so as to give complete relief to the petitioner.” 3. Learned counsel for the Petitioner submitted that the Petitioner who has been engaged as a Non-ITI (Semiskilled-Revenue Collection) with the earlier Distributor Company-CESU a tripartite agreement was reached under Annexure-4 between the Management of the CESU and the General Secretary, Nikhila Orissa Bidyut Shramik Mahasanga, Cuttack in presence of the Conciliation Officer-cum-Joint Labour Commissioner, Odisha, Bhubaneswar wherein at Clause-3 it was agreed by and between the Parties that those Non-ITIs working in Operation and Maintenance activities and have already completed one year engagement in CESU through outside agency would be considered as Helper (Trainee) and would be placed on 3 ½ years training period and on successful completion of training period, they will be placed in Regular Pay Scale. p. 3 Subsequently, the Management of CESU having been taken over by the TATA Power (TPCODL), another tripartite agreement was entered into between the parties under Annexure-8 wherein at Clasue-7 once against it was reiterated that on the request of the Ekata Mancha for regularization of the contractual employees working more than 10 years especially amongst whom the name of the present Petitioner finds place in Sl. No.7 under CDD-No-I, Cuttack to be regularized in the manner as was agreed upon in the earlier tripartite agreement. It is submitted by the learned counsel for the Petitioner that despite the above tripartite agreement, no initiative has been taken by the agency for regularization of the Petitioner. He further submitted that the Petitioner has moved the authority i.e. the Chief Executive Officer, TPCODL-Opposite Party No.2 for consideration of his prayer made vide representation dated 15.07.2024 under Annexure-12 but the authority has not yet responded to the said representation. 4. In absence of serious objection from the side of the learned AGA, it is directed that the representation, if any pending as submitted under Annexure-12, the Opposite p. 4 Party-2 shall dispose of the same within a period of three months on furnishing a certified copy of this order and to communicate the result thereof within two weeks thereafter. However, this Court is not expressing any opinion on the merits of this case. Accordingly, the Writ Petition is disposed of. (Chittaranjan Dash) Judge AKPradhan Designation: Sr. Stenographer