WP(C)/26910/2026 of KARNA NAYAK Vs CHIEF EXECUTIVE OFFICER, TATA POWER CENTRAL ODISHA DISTRIBUTION LTD.(TPCODL), BHUBANESWAR on 3 September 2026

ORDER

03.09.2026 (Hybrid Mode)

01.

1. Heard learned counsel for the petitioner.

2. The petitioner before this Court makes a limited prayer regarding disposal of the representation dated 10.08.2026 made to the opposite party no.1.

3. It is submitted by the learned counsel for the petitioner that the petitioner no.1 has retired from service while working in the establishment of opposite parties no.1 and 2. Petitioner no.2 is still working and the petitioner no.3 is the registered ‘Sramik

Mahasangha’ espousing the cause of the workmen, those who are its members.

4. The learned counsel refers to copy of the award dated 10.12.2001 passed by the Labour Court, Bhubaneswar annexed to the Writ Application marked as Annexure-1 (The management of M/s. Bhubaneswar Electrical Division (GRIDCO), Bhubaneswar v. Its workman Sri P.C. Behera and 58 others); it is submitted that the name of 59 workmen finds place at internal page-2 and 3 of the award. The learned counsel refers to the operative portion of the award by which it was directed for reinstatement of all the 59 workmen along with 80% back wages. The award was challenged before this Court in OJC No.5276 of 2002 by the employer. A coordinate Bench by judgment dated 14.02.2008 has confirmed the award directing reinstatement, only modifying the direction regarding payment of back wages by reducing the same from 80% to 50%.

It is submitted that after the judgment of this Court dated 14.02.2008, regular appointment letters were issued in favour of the 59 workmen, out of which copies of some of the appointment letters have been annexed to the writ application marked as Annexure-3 series.

5. It is submitted that by efflux of time, the workmen have attained age of superannuation and have retired and some of them are on the verge of retirement. It is further submitted by the learned counsel for the petitioners that the petitioners rely upon the decision of the Hon’ble Apex Court dated 01.06.2026 in Bhikani Devi and others v. Union of India and others: 2026 INSC 612 as far as the claim for pensionary benefit is concerned.

It is submitted that at this stage the petitioner would not pursue the present writ application as they seek for direction to the authority to consider their case in accordance with law.

6. Learned counsel appearing for the opposite parties submits that the authority shall consider the representation of the petitioner and take a decision in accordance with law within a reasonable time.

In view of the limited nature of prayer, this Court is not seeking any response from the opposite parties regarding claims of the petitioner at this stage.

7. It is directed that the appropriate authority shall do well to consider the representation(s) of the petitioner(s) as made by the representation dated 10.08.2026 and take a decision in accordance with law within a period of three months from the date of communication of certified copy of this order along with copy of the writ application.

The petitioner-employees union shall have the liberty to produce the certified copy of this order along with copies of the representation, list giving details of all employees and all such documents sought to be relied upon by the petitioner(s).

8. The authority, if so advised may grant opportunity of hearing to the petitioner-union to present their case, if felt necessary by the authority.

9. This Court has not expressed any opinion regarding merits of the claims of the petitioner or the contentions of the parties to the writ petition.

10. The writ petition is disposed of with the above observations.

Urgent certified copy of this order be issued as per Rules.

(Mruganka Sekhar Sahoo) Judge

Radha Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 03-Sep-2026 18:52:47 Signature Not Verified