The Management Of Attabarie Tea ... vs The State Of Assam And 2 Ors
2021 Latest Caselaw 2501 Gua

                                                                   Page No.# 1/4

GAHC010173032021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : WP(C)/5574/2021

         THE MANAGEMENT OF ATTABARIE TEA ESTATE
         P.O. RAJMAI, DIST. SIVASAGAR, PIN-785672, ONE OF THE TEA ESTATES
         OWNED BY M/S LUXMI TEA COMPANY PVT. LTD., A COMPANY
         INCORPORATED UNDER THE PROVISIONS OF THE INDIAN COMPANIES
         ACT, 1882, HAVING ITS REGD. OFFICE AT KISHORE BHAWAN, 17, R.N.
         MUKHERJEE ROAD, KOLKATA-700001, REP. BY ITS CONSTITUTED
         ATTORNEY/COMPANY SECRETARY AND LEGAL OFFICER, NAMELY MS
         ABHA BAFNA, D/O. SRI NARPAT SINGH BAFNA.



         VERSUS

         THE STATE OF ASSAM AND 2 ORS
         REP. BY ITS SECRETARY TO THE GOVT. OF ASSAM, LABOUR WELFARE
         DEPTT., DISPUR, GUWAHATI-781006.

         2:THE ASSISTANT LABOUR COMMISSIONER

          DIBRUGARH
          DIST. DIBRUGARH
          ASSAM
          PIN-786001.

         3:THE SECRETARY

          ASSAM CHAH KARMACHARI SANGHA
          MORAN TINGRI CIRCLE
          BORDOBI
          P.O. MORANHAT
          DIST. SIVASAGAR
          ASSAM
          PIN-785670
                                                                   Page No.# 2/4

Advocate for the Petitioner   : MR. B. DUTTA

Advocate for the Respondent : GA, ASSAM



             Linked Case : WP(C)/5586/2021

            THE MANAGEMENT OF MAHAKALI TEA ESTATE
            P.O. HOOGRIJAN
             DIST. TINSUKIA
             ASSAM ONE OF THE TEA ESTATES OWNED BY M/S LUXMI TEA CO. PVT.
            LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
            INDIAN COMPANIES ACT 1882 HAVING ITS REGISTERED OFFICE AT
            KISHORE BHAWAN 700001
             REPRESENTED BY ITS CONSTITUTED ATTORNEY/COMPANY SECRETARY
            AND LEGAL OFFICER
             NAMELY MS ABHA BAFNA
             AGED ABOUT 38 YEARS
             D/O SRI NARPAT SINGH BAFNA.


             VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY ITS SECY. TO THE GOVT. OF ASSAM
            LABOUR WELFARE DEPTT.
            DISPUR
            GUWAHATI 781006

            2:THE ASSTT. LABOUR COMMISSIONER

            TINSUKIA
            DIST. TINSUKIA
            ASSAM
            PIN 786125
            3:THE SECY.

            ASSM CHAH KARMACHARI SANGHA
            TINGRI CIRCLE
            BORDOBI
            P.O. HOOGRIJAN
            DIST. TINSUKIA
            ASSAM.
            ------------
            Advocate for : MR. B. DUTTA
            Advocate for : GA
            ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
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                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      ORDER

Date : 21.10.2021

Heard Mr. B. Dutta, learned counsel for the petitioners and Mr. D. Nath, learned counsel for the respondents No. 1 & 2 as well as Mr. D.K. Roy, learned counsel for the respondent No. 3.

Issue notice returnable in four weeks.

Since Mr. D. Nath and Mr. D.K. Roy, learned counsels have already entered appearance on behalf of the respondents, no formal notice need be issued to the respondents. However, extra copies of the writ petition shall be furnished to them within one week.

One tea garden and its employees association had an agreement pertaining to service condition of the employees. Subsequently, the petitioners have purchased the said tea gardens.

Mr. Dutta, learned counsel for the petitioners submits that the earlier contract between the tea garden and its employees is not binding upon the present petitioners because it was not a party in the said contract. Mr. Dutta, further submits that the retired employees do not come within the purview of Section 2(s) of the Industrial Disputes Act, 1947.

For the aforesaid reasons, the petitioners approached the learned Industrial Tribunal, Dibrugarh. The learned Industrial Tribunal, on the basis of a judgment of the Kolkata High Court passed in Standard Page No.# 4/4

Chartered Grindlays Bank Retired Employees and Ors. Vs. Union of India, reported in 2007 SCC online Cal 21 has agreed that the retired employees do not come within the purview of Section 2 (s) of the Industrial Disputes Act, but inspite of that, the learned Tribunal held that the Tribunal has jurisdiction to decide the reference.

Therefore the relevant issues in this writ petition are -

(i) Whether the earlier contract between the tea garden and employees association is binding upon the present petitioners?

(ii) Whether a retired employee comes within the purview of definition of workmen as mentioned in Section 2(s) of the Industrial Disputes Act?

Considering the aforesaid matters, further proceedings of Reference Case No. 01/2021 and 02/2021 pending in the learned Industrial Tribunal, Dibrugarh shall remain stayed until further order(s).

The respondents will be at liberty to seek modification/ alteration/vacation of this order.

List accordingly.

JUDGE

Comparing Assistant