Page No.# 1/9 vs The Union Of India And 9 Ors
2024 Latest Caselaw 5414 Gua

Gauhati High Court

Page No.# 1/9 vs The Union Of India And 9 Ors on 1 August, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                   Page No.# 1/9

GAHC010113872016




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

                        Case No. : WP(C)/3704/2016

         DHARMA KANTA NATH and 18 ORS
         S/O- LT. CHIDA NANDA NATH, R/O VILL.- KURUWABAHI SATRA, P.O.-
         JAMUGURI, P.S. and DIST.- NAGAON, ASSAM.

         2: BABUL CHANDRA NATH
          S/O- LT. RAMESH CHANDRA NATH
          R/O VILL.- BALIGAON
          P.O.- SAMUWA BALIGANJ
          P.S.- DHING
          DIST.- NAGAON
         ASSAM
          PIN- 782123.

         3: NAGEN SARMAH
          S/O- LT. UPEN SARMAH
          R/O VILL.- DHING ATHGAON
          P.O. and P.S.- DHING
          DIST.- NAGAON
         ASSAM
          PIN- 782123.

         4: NOMAL CHANDRA BASUMATARI
          S/O- LT. BEDARAM BASUMATARI
          R/O VILL.- BATABARI
          P.O.- SUNARIGANJ
          P.S.- DHING
          DIST.- NAGAON
         ASSAM
          PIN- 782123.

         5: NABIN NATH
          S/O- LT. PITRAM NATH
          R/O VILL.- UPPER DUMDUMIA
          P.O.- BALISATRA
                                   Page No.# 2/9

P.S.- BATADRAVA
DIST.- NAGAON
ASSAM
PIN- 782122.

6: NIRMAL SAIKIA
 S/O- SRI BALIRAM SAIKIA
 R/O VILL.- 1 NO. PANCHALI
 P.O.- LASKAR PATHAR LANKA
 P.S.- LANKA
 DIS.T- NAGAON
ASSAM
 PIN- 782446.

7: TILAK CHANDRA HAZARIKA
 S/O- LT. GUNARAM HAZARIKA
 R/O VILL.- RAHA PUB TAPAKUCHI
 P.O. and P.S.- RAHA
 DIST.- NAGAON
ASSAM
 PIN- 782103.

8: KAMALA KANTA BHARALI
 S/O- LT. TANURAM BHARALI
 R/O VILL.- DUMDUMIA BALISATRA
 P.O.- BALISATRA
 P.S.- BATADROVA
 DIST.- NAGAON
 PIN- 782122.

9: PARAMESWAR SAIKIA
 S/O- LT. FOGUNA SAIKIA
 R/O VILL.- JHIATANGANI
 P.O. and P.S.- JURIA
 DIST.- NAGAON
ASSAM
 PIN- 782124.

10: UMESH SARMAH
 S/O- LT. GOVIND CHANDRA SARMAH
 R/O VILL.- DAKARGHAT
 BAMUNGAON
 P.O.- DAKARGHAT
 P.S.- NAGAON SADAR
 DIST.- NAGAON
ASSAM.

11: DHARMA KANTA BORAH
                                Page No.# 3/9

S/O- SRI RUDAI BORAH
R/O VILL.- JIATANGANI
P.O. and P.S.- JURIA
DIST.- NAGAON
ASSAM. PIN- 782124.

12: JOGEN DEKA
 S/O- LT. RAMESWAR DEKA
 R/O VILL.- TALAKI DEKARGAON
 P.O.- BANGALDHARA
 P.S.- DHARAMTUL
 DIST.- NAGAON
ASSAM
 PIN- 782103.

13: GOPAL KONWAR
 S/O- LT. MOLIA KONWAR
 R/O VILL.- DIGHALBARIGAON
 P.O. and P.S.- RAHA
 DIST.- NAGAON
ASSAM
 PIN- 782103.

14: SEKARUDDIN AHMED
 S/O- LT. RAMEJUDDIN AHMED
 R/O VILL.- DIGHALIALI
 P.O.- RAHA
 DIGHALI
 P.S.- RAHA
 DIST.- NAGAON
ASSAM
 PIN- 782103.

15: NURBOX AHMED
 S/O- LT. SHAK HARAT ALI
 GAONBURA
 R/O VILL.- MARANGAON
 P.O. and P.S.- JURIA
 DIST.- NAGAON
ASSAM
 PIN- 782124.

16: PURNARAM DAS
 S/O- LT. BAJIA DAS
 R/O VILL.- MEHMARIA
 P.O.- DAKARGHAT
 P.S.- NAGAON SADAR
 DIST.- NAGAON
                                                        Page No.# 4/9

ASSAM
PIN- 782..

17: MAHINDRA DAS
 S/O- LT. FAGUNI DAS
 R/O VILL.- DUMDUMI
 P.O.- BHAGABATPUR
 P.S.- PURU NO. 1
 DIST.- NAGAON
ASSAM.

18: BINOY GOHAIN
 S/O- LT. LUHIT CHANDRA GOHAIN
 R/O VILL.- SARUPATHAR
 P.O.- SARUPATHAR
 P.S.- BORPATHAR
 DIST.- GOLAGHAT
ASSAM
 PIN- 785602.

19: NABIN CHANDRA NATH
 S/O- SRI BIHURAM NATH
 R/O VILL.- NA-SATRA
 P.O.- AIBHETI
 P.S.- JAJARI
 DIST.- NAGAON
ASSAM
 PIN- 782124

VERSUS

THE UNION OF INDIA and 9 ORS
REP. BY MINISTRY OF TEXTILE, JUTE SECTION, UDYOG BHWAN, NEW
DELHI- 110107.

2:THE JUTE CORPORATION OF INDIA LTD.
A GOVT. OF INDIA ENTERPRISE
 REP. BY THE SECY. TO THE GOVT. OF INDIA
 MINISTRY OF TEXTILE
 JUTE SECTION
 UDYOG BHAWAN
 NEW DELHI- 110107.

3:THE CHAIRMAN-CUM-MANAGING DIRECTOR
 JUTE CORPORATION OF INDIA LTD.
A GOVT. OF INDIA ENTERPRISE
 15 N
 NELLIE SENGUPTA SARANI H 7TH FLOOR
                                                                            Page No.# 5/9

             KOLKATA- 87
             WEST BENGAL
             PIN- 700087.

            4:THE GENERAL MANAGER PERSONNEL
             JUTE CORPORATION OF INDIA LTD. 1 SHAKESPEARE SARANI
             KOLKATA- 700071.

            5:THE CHIEF MANAGER PERSONNEL AND ADMINISTRATION
             JUTE CORPORATION OF INDIA LTD. 1 SHAKESPEARE SARANI
             KOLKATA- 700071.

            6:THE REGIONAL MANAGER
             JUTE CORPORATION OF INDIA LTD. 1 SHAKESPEARE SARANI
             KOLKATA- 700071.

            7:THE PERSONNEL MANAGER
             JUTE CORPORATION OF INDIA LTD. 1 SHAKESPEARE SARANI
             KOLKATA- 700071.

            8:THE REGIONAL MANAGER
            THE JUTE CORPORATION OF INDIA LTD.
             R.K. ROAD NAGAON TOWN
             NAGAON
            ASSAM
             PIN- 782001.

            9:THE ASSTT. FINANCE OFFICER
            THE JUTE CORPORATION OF INDIA LTD.
             R.K. ROAD NAGAON TOWN
             NAGAON
            ASSAM
             PIN- 782001.

            10:THE ADMINISTRATIVE OFFICER
            THE JUTE CORPORATION LF INDIA LTD.
             R.K. ROAD NAGAON TOWN
             NAGAON
            ASSAM
             PIN- 782001

Advocate for the Petitioner   : MR.S SHARMA, MR.A K PURKAYASTHA

Advocate for the Respondent : ASSTT.S.G.I., MR.S P CHOUDHURY(R- 2,3,&5),C.G.C.,MR.A C

KALITA Page No.# 6/9

BEFORE

Hon'ble MR. JUSTICE SANJAY KUMAR MEDHI

Advocate for the petitioners : Shri AK Purkayastha

Advocate for the respondents : Shri SP Choudhury

Date of hearing : 01.08.2024 Date of Judgment : 01.08.2024

Judgment & Order

The issue of regularization of service has been raised in this writ petition filed under Article 226 of the Constitution of India. As per the facts projected, the petitioners were continuously working as casual workers with the Jute Corporation of India, a Government of India Enterprises and in spite of there being no difference with the nature of the duties performed by them and the Grade IV workers, they were not given the benefit of regularization of service. The petitioners, as workmen had raised a dispute under the Industrial Dispute Act, 1947 and a Reference was made before the Central Government Industrial Tribunal (CGIT), Kolkata in Reference No. 4/2012. The said Reference was answered by the learned CGIT vide an Award dated 31.07.2014 in favour of the workmen. It was held that the workmen were entitled to get all the benefits given to the remaining employees from the date of passing of the Award. Since the Award was not implemented and the petitioners are residents of the State of Assam, the present writ petition was instituted.

2. I have heard Shri AK Purkayastha, learned counsel for the petitioners. I have also heard Shri SP Choudhury, learned counsel appearing for the Jute Corporation of India Ltd.

Page No.# 7/9

3. Shri Purkayastha, learned counsel for the petitioners submits that the issue as such has been resolved vide the Award dated 31.07.2014 by the learned CGIT and it is only the matter of implementation of the Award. It is submitted that the Award was not put any further challenge by the Management of Jute Corporation of India and therefore, had attained the finality. Non- implementation of the Award amounts to frustrating the outcome of a judicial process.

4. On the other hand, Shri Choudhury, learned counsel for the respondent - Corporation has submitted that the present forum is not be the correct forum for execution of an Award. He submits that a Writ Court cannot be used as a platform for execution for any Award or Decree as the statute holding the field provides for a mechanism for such execution.

5. Section 11 of the Industrial Dispute Act, 1947 is a part of Chapter IV on the aspect of "Procedure, Powers and Duties of Authorities". The said Section had undergone various amendments including an amendment in the year 2010 whereby Sub-Section (9) was inserted. As per the said provision, every Award is to be executed in accordance with the procedure for execution of a decree of a Civil Court. For ready reference, Section 11(9) is extracted hereinbelow-

"11(9) Every award made, order issued or settlement arrived at by or

before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under Order 21 of the Code of Civil Procedure, 1908 (5 of 1908).

By the same amendment, Sub-Section 11(10) was also introduced on the mode of execution which reads as follows:

"11(10) The Labour Court or Tribunal or National Tribunal, as the case Page No.# 8/9

may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it."

6. Apart from the aforesaid sub-sections which were introduced in 2010, Section 29 of the Act, 1947 is in connection with penalty for breach of Settlement or Award. The said Section is a penal provision for such breach of Settlement or Award. The said Section is however required to be read with Section 34 relating to cognizance of offences.

7. In the opinion of this Court, when the statute holding the field itself lays down a mechanism for redressal of grievances related to execution of an Award, taking the recourse of a Writ Court would not be proper. This Court is also of the opinion that the powers under Article 226 of the Constitution of India are extraordinary in nature by which a High Court may issue prerogative writs and such powers are not be exercised in every matter, more so, when the statute holding the field provides for an effective remedy. The powers under Article 226 cannot be invoked for execution of any Award or Decree.

8. In the context of filing applications before the High Courts invoking the jurisdiction under Article 227 of the Constitution of India for matters where remedies under the Code of Civil Procedure is available, the Hon'ble Supreme Court in the case of Virudhunagar Hindu Nadargal Dharma Paribalana Sabai & Ors. Vs. Tuticorin Educational Society & Ors., reported in (2019) 9 SCC 538 has made the following observations:

"13. Therefore wherever the proceedings are under the Code of Civil

Procedure and the forum is the Civil Court, the availability of a remedy under the CPC, will deter the High Court, not merely as a measure of self imposed restriction, but as a matter of discipline and Page No.# 9/9

prudence, from exercising its power of superintendence under the Constitution. Hence, the High Court ought not to have entertained the revision under Article 227 especially in a case where a specific remedy of appeal is provided under the Code of Civil Procedure itself."

9. Taking a cue from the aforesaid observations, this Court is of the opinion that since the petitioners are not left remediless and rather the Act of 1947 having provided for an effective mechanism for such execution of the Award, the instant writ petition is closed. However, liberty is given to the petitioners to take the appropriate recourse of law laid down in the Act of 1947, as mentioned above.

10. At this stage, Shri Purkayastha, learned counsel for the petitioners prays for some observations regarding the aspect of limitation in case the petitioners approach the appropriate forum, as indicated above.

11. It is provided that in case the aspect of limitation arises while the petitioners approach the appropriate forum as indicated above, they may make suitable prayer for condonation of the delay by citing the pendency of the matter in this Court since the year 2016 and if such prayer is made, the same is to be considered in accordance with law.

12. Accordingly, the writ petition stands disposed of.

JUDGE

Comparing Assistant