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2026 DAILYLAW 21486 (ORI)

GANDHI INSTITUTE FOR EDUCATION AND TRANING (GIET), KHURDA v. THE PRESIDING OFFICER, THE LABOUR COURT, BHUBANESWAR, KHURDA

WP(C)/18066/2026 · 2026-06-22

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.18066 OF 2026 Gandhi Institute for Education and Training (GIET), Khurda and another …. Petitioners Mr. Devi Prasad Dash, Advocate -versus- The Presiding Officer, The Labour Court, Bhubaneswar, Khordha and others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 22.06.2026 01. 1. This matter is taken up through hybrid mode. 2. Petitioners-Educational Institution seek to assail the proceeding initiated vide ID Misc Case No.32 of 2023 under Section 33-C (2) of the Industrial Disputes Act, 1947 (for brevity ‘the Act’) and the ex parte order dated 20th September, 2024 (Annexure-2) passed in the said ID Misc Case. 3. It is submitted by Mr. Dash, learned counsel for the Petitioners that without serving any notice to the Petitioners, the impugned order dated 20th September, 2024 under Annexure-2 was passed in Industrial Disputes Misc Case No.32 of 2023 under Section 33-C (2) of the Act. It is submitted that the proceeding under Section 33-C (2) of the Act is not maintainable before the Labour Court, as the Petitioners are not an Industry. Digitally Signed Signed by: SASHIKANT PARIDA Reason: Authentication Location: OHC Date: 22-Jun-2026 16:41:59 Signature Not Verified p. 2 3.1 It is further submitted by Mr. Dash, learned counsel for the Petitioners that an application for restoration of ID Misc Case No.32 of 2023, vide restoration Misc Case No.10 of 2025 (Annexure-7) is still pending with the Labour Court, Bhubaneswar. In the meantime, notice in the certificate case has been issued against the Petitioners for realization of the certificate dues. 4. In course of hearing, Mr. Dash, learned counsel for the Petitioners prays for withdrawal of the writ petition seeking liberty to pursue the restoration Misc. Case and to seek for any other interim relief. 5. In view of the above, this Court without expressing any opinion on the merits of the case of the Petitioners, disposes of the writ petition as withdrawn with an observation that the Labour Court, Bhubaneswar may consider the grievance of the Petitioners, if any, raised before it and may also take expeditious steps for disposal of restoration Misc Case No.10 of 2025, if any, pending before it. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Sashikant