Gauhati High Court
The Management Of Tea Research ... vs Tocklai Employees Union And Anr on 13 May, 2022
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GAHC010085892022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/167/2022
THE MANAGEMENT OF TEA RESEARCH ASSOCIATION
TOCKLAI EXPERIMENTAL STATION, CINNAMARA, JORHAT, ASSAM 785008
VERSUS
TOCKLAI EMPLOYEES UNION AND ANR.
TOCKLAI TEA RESEARCH INSTITUTE , JORHAT, 785008, ASSAM
2:THE PRESIDING OFFICER
INDUSTRIAL TRIBUNAL
DIBRUGARH
ASSAM
78660
Advocate for the Petitioner : MR. K KALITA
Advocate for the Respondent : MR SISHIR DUTTA
BEFORE
HON'BLE THE CHIEF JUSTICE(ACTING)
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 13.05.2022
Heard Mr. P. K. Goswami, learned senior counsel appearing for the wit
appellant. Also heard Mr. S. Dutta, learned senior counsel, appearing for the
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respondents.
This writ appeal arises out of the order dated 05.04.2022, passed by the learned
Single Judge in WP(C) 4965/2014, whereby the writ petition was dismissed. In the
writ petition, the award dated 12.11.2013 passed by the Presiding Officer, Industrial
Tribunal, Dibrugarh, in Reference Case No. 2/2011 had been put to challenge. The
said award was made in favour of the workmen of the Toklai Tea Research Association
and related to issues such as implementation of the recommendations of the 6 th
Central Pay Commission by the present writ appellant; introduction of suitable pension
scheme in the line of CCS (Government of India); modification in the pay scale in
respect of the employees of the appellant who joined in the pay scale of Rs. 380-560/-
after 02.11.1991; grant of the benefit of Provident Fund deduction @ 12% as per the
Government of India norms. The award also related to the question whether the
workers in the appellant Tea Research Association are entitled to Special Duty
Allowance, Children Education Allowance etc. as well as arrear dues.
The fact that the award was made obviously indicates that the dispute
necessarily involved contentious issues between the workers and the management of
the appellant Tea Research Association.
However, learned senior counsel for the appellant submits that the learned
Single Judge had overlooked the aforesaid aspect and made the observations in
paragraph 32 of the impugned judgment to the effect that points of reference before
the tribunal were not contested by the petitioner in its written statement, which is
contrary to the records. It has been further submitted by Mr. Goswami, learned senior
counsel that as regards the financial difficulties of the management in implementing
the award, the learned Single Judge has observed that the petitioner/appellant may
resort to other remedies available including negotiation, conciliation with the
workmen, which is, perhaps beyond the scope of the appellant after the award has
been passed.
Having heard the learned counsel for the parties, we admit the appeal.
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Issue notice.
No formal steps for issuing notice need to be taken as Ms. S. Mushahary,
learned counsel assisting Mr. S. Dutta, learned senior counsel for the respondents has
accepted notice on behalf of the respondents.
As agreed to by the learned counsel for the parties, the matter is adjourned to
14.06.2022.
The parties are directed to maintain status quo as on today.
Considering the fact that the matter pertains to an award passed in the year
2013, attempt will be made to dispose of the appeal at the admission stage itself.
JUDCE CHIEF JUSTICE (ACTING)
Comparing Assistant
