BRAHMANI RIVER PELLETS LTD Vs. SHASHIKANT MOHANTA

JUDGEMENT

(1.) Mr. Rath, learned advocate appears on behalf of petitioner and submits, requisites were duly put in for service upon opposite party no.1 (workman) pursuant to order dtd. 16/11/2022. Noting is that postal article was returned with endorsement "left". He submits further, since direction was for the case before the labour Court to remain stayed till next date and for listing on 7/12/2022, said Court is proceeding with the case and has fixed next date for hearing on 3/2/2023. He submits still further, the order was communicated to the Court below as well as learned advocate for the workman engaged in that Court.

(2.) We have examined the postal article. The endorsement simply says "left". We presume there was no intimation as otherwise the postal authority would have taken steps to forward the article. In the circumstances, we find there was good service.

(3.) Mr. Rath had submitted by, inter alia, impugned order dtd. 28/6/2022, the labour Court, purportedly relying on rule 16 in Odisha Industrial Disputes Rules, 1959, marked a salary slip produced by the workman after conclusion of evidence, as Ext.3. He submitted, the exhibit slip cannot be relied upon as evidence. On query from Court he draw attention to the objection filed, from which paragraph-6 is extracted and reproduced below.