Orissa High Court
WP(C)/23494/2026 of SIBA PRASAD SEN Vs STATE OF ODISHA on 27 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.23494 of 2026 CNR No.ODHC010537312026 Siba Prasad Sen …. Petitioner Mr. Rashmi Kanta Acharya, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Subha Bikash Panda, AGA CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23494 of 2026
CNR No.ODHC010537312026
Siba Prasad Sen
….
Petitioner
Mr. Rashmi Kanta Acharya, Advocate
-versus-
State of Odisha and others
….
Opp. Parties
Mr. Subha Bikash Panda, AGA
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
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ORDER
27.08.2026 (Hybrid Mode)
01.
1. The petitioner before this Court is the son of a deceased construction worker. After his father passed away followed by his mother he has approached the authority seeking benefit of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 read with relevant rules.
2. It is submitted that the late mother of the petitioner had approached the authority for receiving the benefits. The District Labour Commissioner being the appropriate authority by letter No.607 dated 17.05.2021 (Annexure-2) had intimated regarding rejection of the claim of benefits that was sought by the late mother of the petitioner.
3. It is further submitted that the present petitioner has also written a letter to the appellate authority i.e. the President, Odisha Building & other Construction Workers Welfare Board, Bhubaneswar by letter dated 09.04.2026 (Annexure-5), which is pending consideration.
4. It is further fairly submitted by the learned counsel for the petitioner that the petitioner has to pursue the remedy of appeal that would be available under the statute for which the petitioner would seek disposal of the writ petition to approach the appropriate authority.
5. The learned AGA submits that the claim of the late mother of the petitioner has been rejected by order dated 17.05.2021 (Annexure-2).
6. Having heard the learned counsel for the petitioner and the learned AGA, it is directed that the petitioner if so advised shall file appropriate appeal/proceeding before the appropriate authority under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, and the allied Rules. If such appeal/proceeding is filed, the authority shall not detain itself on the ground of delay, if any caused by the petitioner to approach and shall consider the same
on merits and pass appropriate orders in accordance with law.
7. The writ petition is disposed of with the above observations.
(Mruganka Sekhar Sahoo) Judge Radha Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 29-Aug-2026 16:56:50 Signature Not Verified