The State Of Odisha vs. Premalata Mohanty

SECTION XI-A

ITEM NO.23

COURT NO.6

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 33400/2023

(Arising out of impugned final judgment and order dated $11 - 05 - 2022$ in WP(C) No. 8102/2019 passed by the High Court Of Orissa At Cuttack)

THE STATE OF ODISHA & ORS.

Petitioner(s)

VERSUS

G. BALAKRISHNA

Respondent $(s)$

No. 243929/2023-CONDONATION $OF$ DFI AY FTI TNG $(IA)$ TN $\quad\text{and}\quad$ $TA$ No.243930/2023-CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS

Date: 22-03-2024 This petition was called on for hearing today.

• CORAM: HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA
• For Petitioner(s) Mr. Suvendu Suvasis Dash, AOR Ms. Swati Vaibhav, Adv. Ms. Shruti Vaibhav, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Heard Ms. Shruti Vaibhav, learned counsel appearing for the Peetitioners. It appears from a very cryptic order passed by the High Court that the respondent herein (original petitioner) was working in a work charged establishment. The respondent went before the Orissa Administrative Tribunal, Cuttack Bench, Cuttack Signal prayer that the services rendered by him in the work charged Digitally signed by Dr.<br>laveen Rawal<br>laveen Rawal<br> $\sim$ 2024 03.23 06.58:50<br>Rease B tablishment be counted towards grant of retiral benefits. The Tribunal declined to grant such relief. Accordingly, the respondent went before the High Court by way of writ petition. The High Court

set aside the order passed by the Tribunal and granted the benefits as prayed for.

The short point that falls for our consideration is whether the services rendered in a work charged establishment can be counted for the purpose of grant of retiral benefits.

Issue notice on application seeking delay as also on special leave petition, returnable in six weeks.

(DR. NAVEEN RAWAL) (RAM SUBHAG SINGH) DY. REGISTRAR COURT MASTER (NSH)

ITEM NO.23 COURT NO.6 SECTION XI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 33400/2023

(Arising out of impugned final judgment and order dated 11-05-2022 in WP(C) No. 8102/2019 passed by the High Court Of Orissa At Cuttack)

THE STATE OF ODISHA & ORS. Petitioner(s)

VERSUS

G. BALAKRISHNA Respondent(s)

(IA No.243929/2023-CONDONATION OF DELAY IN FILING and IA No.243930/2023-CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS

Date : 22-03-2024 This petition was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA
• For Petitioner(s) Mr. Suvendu Suvasis Dash, AOR Ms. Swati Vaibhav, Adv. Ms. Shruti Vaibhav, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Heard Ms. Shruti Vaibhav, learned counsel appearing for the Peetitioners. It appears from a very cryptic order passed by the High Court that the respondent herein (original petitioner) was working in a work charged establishment. The respondent went before the Orissa Administrative Tribunal, Cuttack Bench, Cuttack with a prayer that the services rendered by him in the work charged establishment be counted towards grant of retiral benefits. The Tribunal declined to grant such relief. Accordingly, the respondent went before the High Court by way of writ petition. The High Court set aside the order passed by the Tribunal and granted the benefits as prayed for.

The short point that falls for our consideration is whether the services rendered in a work charged establishment can be counted for the purpose of grant of retiral benefits.

Issue notice, returnable in six weeks.

DY. REGISTRAR COURT MASTER (NSH)

(DR. NAVEEN RAWAL) (RAM SUBHAG SINGH)