p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 38410 OF 2023 M/s. Aditya Aluminium, Lapanga …. Petitioner Mr. Shyamsundar Tripathy, Advocate -versus- The Presiding Officer, Labour Court, Sambalpur and another …. Opp. Parties Mr. Siba Narayan Biswal, Additional Standing Counsel (For Opp. Party No.1) Mr. Rabindra Nath Debata, Advocate (For Opp. Party No.2) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 11.07.2025 I.A. No.7813 of 2025 7. 1. This matter is taken up through hybrid mode. 2. This I.A. has been filed for extension of time for disposal of I.D. Case No.10 of 2019 pending before learned Presiding Officer, Labour Court, Sambalpur. 3. Mr. Tripathy, learned counsel for the Petitioner submits that while dismissing W.P.(C) No.38410 of 2023, this Court, vide judgment dated 11th March, 2025, directed learned Presiding Officer, Labour Court, Sambalpur to conclude I.D. Case No.10 of 2019 within a period of three months from the date of communication of the order. It is submitted that the fairness of the domestic enquiry pursuant to which the Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Jul-2025 16:43:28 Signature Not Verified p. 2 Workman-Opposite Party No.2 was terminated, is an issue to be adjudicated in I.D. Case No.10 of 2019. As such, the same should be tried as preliminary issue. As yet, none of the parties have led any evidence in the matter. To add to it, learned Presiding Officer, Labour Court has been transferred in the meantime. Thus, there is a bleak chance of disposal of I.D. Case No.10 of 2019 within the period, as directed by this Court. He, therefore, prays for a direction to extend the period of conclusion of the proceeding by learned Labour Court, Sambalpur. 4. Mr. Debata, learned counsel for the Workman- Opposite Party No.2 although concedes to the submission of Mr. Tripathy, learned counsel for the Petitioner that learned Presiding Officer has been transferred in the meantime, but submits that on a day-to-day hearing of the I.D. Case, the same can be concluded within the time stipulated by this Court. He further submits that if the Court feels that time should be extended, it may be extended for a further period of one month for disposal of I.D. Case. 5. Considering the submissions made by learned Counsel for the parties, this Court finds that learned Presiding Officer, Labour Court, Sambalpur has not yet joined after transfer of the Officer, who was in seisin of the matter. It further appears that trial of the I.D. Case has not yet commenced. Since fairness of the domestic enquiry is an issue, the same should be tried as a preliminary issue. Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Jul-2025 16:43:28 Signature Not Verified p. 3 6. On a cumulative assessment of the facts and circumstances of the case, this Court feels that time for disposal of I.D. Case No.10 of 2019 should be extended by four months. 7. Accordingly, this Court grants further four months time from today for disposal of I.D. Case No.10 of 2019. 8. I.A. is disposed of accordingly. 9. Parties are directed to cooperate with learned Presiding Officer, Labour Court, Sambalpur for early disposal of I.D. Case No.10 of 2019. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) ms Judge