Management Of Grace I Net Solution ... vs The State Of Assam And 24 Ors
2023 Latest Caselaw 3387 Gua

                                                               Page No.# 1/7

GAHC010179972023




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

                         Case No. : WP(C)/4890/2023

         MANAGEMENT OF GRACE I NET SOLUTION PVT LTD
         (SINCE CLOSED) 4TH FLOOR, TRIBENI COMMERCIAL COMPLEX NEAR
         HOTEL ASIAN PALACE, G.S. ROAD, ULUBARI, GUWAHAT-7, DIST-
         KAMRUP(M), ASSAM .. REPRESENTED HEREIN BY ITS CHIEF EXECUTIVE
         OFFICER, SRI NRIPEN DUTTA, SON OF LATE CHANDRA NATH DUTTA (AGE
         54 YEARS)



         VERSUS

         THE STATE OF ASSAM AND 24 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
         LABOUR AND WELFARE DEPARTMENT, DISPUR, GUWAHATI, DIST-
         KAMRUP(M), ASSAM.PIN 781006

         2:THE DEPUTY SECRETARY
         TO THE GOVT OF ASSAM
         LABOUR AND WELFARE DEPARTMENT
          DISPUR
          GUWAHATI
          DIST-KAMRUP(M)
         ASSAM.PIN- 781006

         3:THE ASSISTANT LABOUR COMMISSIONER
          KAMRUP(M)
          OFFICE OF THE ASSISTANT LABOUR COMMISSIONER
          SHRAM BHAWAN
          ULUBARI
          GUWAHATI
         DIST-KAMRUP(M)
         ASSAM. PIN-781007

         4:MRS ARIFA BEGUM CHOUDHURY
                                    Page No.# 2/7

WIFE OF LATE NAIMUDDIN CHOUDHURY

RESIDENT OF HOUSE NO. 44
GMC ROAD
(ADJACENT TO NEF LAW COLLEGE)
CHRISTIAN BASTI
GUWAHATI-5
DISTRICT-KAMRUP(M)
ASSAM. PIN- 781005

5:MR ZEESHAN CHOUDHURY
 SON OF LATE NAIMUDDIN CHOUDHURY
 RESIDENT OF HOUSE NO. 44
 GMC ROAD
 (ADJACENT TO NEF LAW COLLEGE)
 CHRISTIAN BASTI
 GUWAHATI-5
 DISTRICT-KAMRUP(M)
ASSAM. PIN- 781005

6:MR. PRABIN BORAH
 S/O RAJEN BORAH
 RESIDENT OF HOUSE NO.1
 HENGRABARI
 NEAR L.P.SCHOOL
 MADHUBAN PATH
 GUWAHATI
 DIST-KAMRUP(M)
ASSAM.PIN- 781036

7:MR RAKESH SHARMA
 SON OF DONENDRA NATH SHARMA
 RESIDENT OF
HOUSE NO. 122
 LAKHIMINAGAR
 HATIGAON
 GUWAHATI
 DIST-KAMRUP(M)
ASSAM.PIN- 781006

8:MR DARSHAN SHARMA
 S/O AJAY KR DEBSHARMA
 RESIDENT OF HOUSE NO.30
 SHIV SAKTI PATH
 KAHILIPARA ROAD
 JATIA
 GUWAHATI
 DIST-KAMRUP(M)
                                  Page No.# 3/7

ASSAM. PIN- 781006

9:MR MRIDUL GOSWAMI
 S/O LATE ABALA KANTA GOSWAMI
VILLAGE- DAHALI
 P.O. BATORHAT
 DIST-KAMRUP
ASSAM.PIN- 781122

10:MR GANESH BAHADUR SONAR
 SON OF LATE NAR BAHADUR SONAR
 RESIDENT OF HOUSE NO.1
 NALINI BALA DEVI PATH
 SHREENAGAR
 GUWAHATI
 DIST-KAMRUP(M)
ASSAM PIN-781005

11:MR. ABDUL WAHID
 RESIDENT OF NEHARS ENCLAVE
 FLAT NO. E(5)
(NEAR BLACK DIAMOND TOWER)
 CHRISTIAN BASTI
 GUWAHATI
 DIST-KAMRUP(M)
 ASSAM. PIN-781005

12:MR SANTANU PAUL
 SON OF SRI N.R.PAUL
 RESIDENT OF HOUSE NO. 42
 POST OFFICE LANE CHATRIBARI
 CHATRIBARI
 GUWAHATI
 DISTRICT-KAMRUP(M)
ASSAM. PIN- 781008

13:MR RAKIBUZ ZAMAN CHOUDHURY
 SON OF LATE A.M.CHOUDHURY
 RESIDENT OF HOUSE NO. 1
 DWARAKA NAGAR
 NILACHAL PATH
 GUWAHATI
 DISTRICT-KAMRUP(METRO)
ASSAM. PIN- 781006

14:MR DEEPAK SHARMA
 RESIDENT SHIV MANDIR PATH
 JAPARIGOG
                                           Page No.# 4/7


GUWAHATI
DIST-KAMRUP(M)
ASSAM.PIN- 781005

15:MR.MONOWAR HUSSAIN
 SON OF MAZIBAR RAHMAN
 RESIDENT OF LACHANGA
 P.O.CHAICHARIA
DIST-BARPETA
ASSAM. PIN- 781319

16:MR. CHANDAN GARGA
 SON OF LATE R.C.SARMA
 RESIDENT OF HOUSE NO.21
 7TH BYE LANE
 DR. ZAKIR HUSSAIN PATH
 DISPUR
 GUWAHATI
 DIST-KAMRUP(M)
ASSAM. PIN- 781006.

17:MR KAHNDAKAR MAHMUDUL HASSAN
 C/O KH ABDUL GAFFUR
 RESIDENT OF VILLAGE AND P.O. KALGACHIA
DIST-BARPETA
ASSAM.PIN- 781319

18:MR ANJAN BORAH
 C/O LATE PABHAT CH BORA
VILL AND P.O. JUMARMUR
 DISTRICT-NAGAON
ASSAM.PIN- 782427

19:MISS SHARMISTA DUTTA CHOUDHURY
 D/O MR S.DUTTA CHOUDHURY
 RESIDENT OF HOUSE NO. 30
 SHIVASHAKTI PATH
 KAHALIPARA ROAD
 JATIA
 GUWAHATI
 DIST-KAMRUP(M)
ASSAM PIN-781019

20:MR DHRUBAJYOTI BARUAH
 SON OF JITU BARUAH
 RESIDENT OF AMGURI KHANIKOR
GAON
                                      Page No.# 5/7

P.O. AMGURI
DIST-SIVASAGAR
ASSAM.
PIN- 785680

21:MISS PRIYA RANI DEVI
 RAJGARH ROAD
 HOUSE NO. 78
 NEAR PETROL PUMP
 GUWAHATI
 DIST-KAMRUP(M)
ASSAM. PIN- 781003

22:RINKU HUSSAIN
 RESIDENT OF VILLAGE-PATRAPUR
 P.O. KENDUA

P.S. BAIHATA CHARIALI
 DISTRICT-KAMRUP
ASSAM
PIN- 781381

23:MISS L.NING NEIHOI HOIH
 RESIDENT OF AUXILIUM WOMEN HOSTEL

CHRISTIAN BASTI
NEAR ST JOHN HOSPITAL
GUWAHATI

DISTRICT-KAMRUP(M)
ASSAM.PIN- 781005

24:MR ASWINI BORBARUAH
 RESIDENT OF HOUSE NO. 38
 BEHIND ANURADHA CINEPLEX COMPLEX
 BORNACHAL
 BAMUNIMAIDAN

GUWAHATI
DIST-KAMRUP(M)
ASSAM.PIN-781002

25:MR RAJU SARMA
 RESIDENT OF SILAPATHAR
 DIST-DHEMAJI
ASSAM
PIN- 78705
                                                                      Page No.# 6/7

Advocate for the Petitioner   : MR. A BISWAS

Advocate for the Respondent : GA, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 28.08.2023

Heard Mr. A. Biswas, learned counsel for the petitioner and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent nos. 1 - 3.

2. The instant writ petition is preferred to challenge the Judgment and Award passed by the learned Labour Court, Guwahati, Kamrup [M] in Reference Case no. 08/2018 dated 12.04.2023. By the said Judgment and Award, the learned Labour Court has held that the termination of the respondent workmen from service by the Management, that is, the petitioner without clearing the legal dues was illegal and not justified. After reaching such finding, the learned Labour Court has directed to release the salary of the respondent workmen against earned-leave, bonus and gratuity for the period of service rendered.

3. Mr. Biswas, learned counsel for the petitioner has drawn attention to the Reference made by the State Government vide Notification dated 29.06.2018 raising the industrial dispute. He has pointed out that in the said Reference, details of only workman were mentioned without disclosure of 24 other workmen. He has further referred to the case papers to point out that the State Government at a later point of time had added another 41 [=20 + 21] nos. of workmen by letters dated 18.12.2018 and 09.12.2020. As such, the learned Labour Court had proceeded on a defective reference.

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4. Issue notice, returnable on 29.09.2023.

5. As Mr. Gogoi, learned Additional Senior Government Advocate, Assam has appeared and accepted notice on behalf of the respondent nos. 1 - 3, no formal notices need to be issued to the said respondents. The petitioner shall, however, furnish requisite nos. of extra copies of the writ petition along with annexures, to Mr. Gogoi within 2 [two] working days from today. The petitioner shall take steps for service of notice upon the respondent nos. 4 - 25 by registered post with A/D within 3 [three] working days from today.

6. Having regard to the submissions made and the materials available in the case papers, it is observed that till the returnable date, the operation of the Judgment and Award dated 12.04.2023 passed in Reference Case no. 08/2018 by the learned Labour court shall remain suspended.

7. Call for the LCR.

JUDGE

Comparing Assistant