Gauhati High Court
Mosoraf Ali Laskar vs The Union Of India And 5 Ors on 5 August, 2022
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GAHC010119242022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2245/2022
MOSORAF ALI LASKAR
S/O LATE ABDUL BARI LASKAR
VILLAGE AND P.O. PANCHAGRAM -788802
DIST- HAILAKANDI
ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF INDUSTRIES
NEW DELHI-110011
2:THE HINDUSTAN PAPER CORPORATION LTD.
REPRESENTED BY THE CHAIRMAN OF THE SAID CORPORATION
75
PARK STREET
KOLKATA-700016
3:THE CHIEF EXECUTIVE
HINDUSTAN PAPER CORPORATION LTD.
CACHAR PAPER MILL
P.O. PANCHGRAM-788802
DIST- HAILAKANDI
ASSAM
4:THE GENERAL MANAGER
WORKS
HINDUSTAN PAPER CORPORATION LTD.
CACHAR PAPER MILL
P.O. PANCHGRAM -788802
DIST- HAILAKANDI
ASSAM
Page No.# 2/5
5:THE DY. GENERAL MANAGER
PRODUCTION
HINDUSTAN PAPER CORPORATION LTD.
CACHAR PAPER MILL
P.O. PANCHGRAM -788802
DIST- HAILAKANDI
ASSAM
6:THE STATE OF ASSAM
THROUGH THE SECRETARY TO THE GOVT. OF ASSAM INDUSTRIES
COMMERCE AND P AND E DEPARTMENT
C-BLOCK
2ND FLOOR
ASSAM SECRETARIAT
DISPUR
GUWAHATI-781006.
------------
Advocate for : MR.N DHAR
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS
Linked Case : WP(C)/1705/2013
MOSORAF ALI LASKAR
S/O LATE ABDUL BARI LASKAR
VILL. and P.O. PANCHAGRAM -788802
DIST- HAILAKANDI
ASSAM
VERSUS
THE UNION OF INDIA and 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF INDUSTRIES
NEW DELHI-110011
2:THE HINDUSTAN PAPER CORPORATION LTD.
REPRESENTED BY THE CHAIRMAN OF THE SAID CORPORATION
75
PARK STREET
KOLKATA-700016
3:THE CHIEF EXECUTIVE
HINDUSTAN PAPER CORPORATION LTD.
CACHAR PAPER MILL
P.O. PANCHGRAM-788802
DIST- HAILAKANDI
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ASSAM
4:THE GENERAL MANAGER
WORKS
HINDUSTAN PAPER CORPORATION LTD.
CACHAR PAPER MILL
P.O. PANCHGRAM -788802
DIST- HAILAKANDI
ASSAM
5:THE DY. GENERAL MANAGER
PRODUCTION
HINDUSTAN PAPER CORPORATION LTD.
CACHAR PAPER MILL
P.O. PANCHGRAM -788802
DIST- HAILAKANDI
ASSAM
------------
Advocate for : MR.N DHAR
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA and 4 ORS
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 05.08.2022
Heard Mr. N. Dhar, learned counsel for the applicant and Mr. A. Kalita,
learned counsel for the respondent in the Industries, Commerce and P&E
Department of the Government of Assam.
2. WP(C) No. 1705/2013 has been instituted assailing the judgment and
order dated 13.12.2012 of the Industrial Tribunal, Silchar in Misc. Case No.
7/2000. Misc. Case No. 7/2000 was instituted on a petition being made by the
Cachar Paper Mill of the Hindustan Paper Corporation Ltd. as per their letter
dated 31.03.2000 under Section 33(2)(b) of Industrial Disputes Act, 1947. The
Misc. Case No. 7/2000 was in respect of giving approval to an act of the Cachar
Paper Mill of the Hindustan Paper Corporation Ltd. as regards the removal of
one of its workmen namely, Mosoraf Ali Laskar. Misc. Case No. 7/2000 resulted
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in an approval being granted by the Industrial Tribunal, Silchar in its judgment
and order dated 13.12.2012, by arriving at an opinion that the removal order
would be effective from the date of passing of the order by the Industrial
Tribunal, Silchar. Being aggrieved by the judgment of 13.12.2012 of the
Industrial Tribunal, Silchar, WP(C) No. 1705/2013 is instituted.
3. It is stated that the Cachar Paper Mill of the Hindustan Paper Corporation
Ltd. has gone into liquidation in the meantime. It is also stated that there was a
memorandum of settlement between the employees of the Cachar Paper Mill of
the Hindustan Paper Corporation Ltd. and the Government of Assam in the
Industries, Commerce and P.E. Department.
4. As a judgment of the Industrial Tribunal giving approval to the removal of
the petitioner is assailed in WP(C) No. 1705/2013, there are two possibilities
that the writ petition may be allowed by interfering with the judgment of the
Industrial Tribunal, Silchar or it may be dismissed by upholding the judgment of
the Industrial Tribunal, Silchar. If the judgment of the Industrial Tribunal, Silchar
is interfered, the implication thereof would be that the removal of the petitioner
would be illegal meaning thereby, he would continue to remain an employee of
the Cachar Paper Mill of the Hindustan Paper Corporation Ltd. In such event, the
petitioner would also be covered by the terms of the settlement between the
employees and the Cachar Paper Mill of the Hindustan Paper Corporation Ltd. In
the circumstance, we are of the view that the Industries, Commerce and P&E
Department of the Government of Assam would be a necessary party in WP(C)
No. 1705/2013.
5. Accordingly, I.A.(Civil) No. 2245/2013 stands allowed. Industries,
Commerce and P&E Department of the Government of Assam is impleaded as
respondent No. 6 in WP(C) 1705/2013. Registry to incorporate necessary
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correction in the cause title of the said writ petition.
JUDGE
Comparing Assistant
