M/S Green Field Tea Warehouse vs The State Of Assam And Anr
2023 Latest Caselaw 4774 Gua

Gauhati High Court

M/S Green Field Tea Warehouse vs The State Of Assam And Anr on 29 November, 2023

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                   Page No.# 1/3

GAHC010257022023




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

                                 Case No. : WP(C)/6698/2023

            M/S GREEN FIELD TEA WAREHOUSE
            HOUSE NO.78, OPPOSITE SHANKARDEV KALAKSHETRA PANJABARI,
            GUWAHATI- 781037, ASSAM, REPRESENTED BY ITS PROPRIETOR MD.
            MONIRUL HASSAN



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
            LABOUR AND EMPLOYMENT DEPARTMENT DISPUR, GUWAHATI- 781006

            2:MS. REHENA BEGAM
            W/O- SYED SHAHJAHAN ALI
            ADVOCATE
             R/O- MACHKHOWA
            T.R. PHUKAN ROAD
             MASJID GALI
             P.O. AND P.S.- BHARALUMUKH
             GUWAHATI-09
             DIST.- KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. Y S MANNAN

Advocate for the Respondent : GA, ASSAM
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                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                      ORDER

29.11.2023 Heard Shri YS Mannan, learned counsel for the petitioner.

The initiation of this writ petition was with a reference made to the learned Labour Court, Guwahati on the issue of dismissal of the private respondent. The reference was answered by the learned Labour Court, Guwahati vide award dated 30.03.2013 holding the dismissal to be bad in law and directed reinstatement with full back wages.

The workman, however, had filed the WP(C)/6968/2013 in respect of the award with a contention that her claim for higher pay was not considered. This Court, however, vide the judgment and order dated 21.07.2015 had dismissed the writ petition by holding that different forum is available for the said claim. This Court, however, had observed that dismissal of the writ petition will not come into the way of enforcement of the award of learned Labour Court dated 30.03.2013.

It is the contention of the learned counsel for the petitioner, Shri Mannan that in spite of notice issued by the petitioner, the private respondent has not come forward to join her duties and by application of Section 19 of the Industrial Disputes Act, 1947, the award automatically stands terminated after a particular point of time.

Issue notice, returnable by 4 weeks.

Shri K Gogoi, learned Addl. Senior Govt. Advocate, Assam accepts notice on behalf of the respondent no. 1.

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Let extra copy of the writ petition be served upon Shri Gogoi by tomorrow i.e., 30.11.2023.

Steps for service of notice upon the respondent no. 2 be taken by registered post with A/D.

Steps by tomorrow i.e., 30.11.2023.

JUDGE

Comparing Assistant