WP(C)/8030/2015
2025 Latest Caselaw 5536 Gua

Gauhati High Court

WP(C)/8030/2015 on 19 June, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                   Page No.# 1/7

GAHC010028882015




                                                             2025:GAU-AS:8235

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

                           WP(C) NO. 8030/2015


           State of Assam,
           represented by the
           Commissioner & Secretary to the Govt. of Assam,
           Industries & Commerce Department,
           Dispur Secretariat,
           Dispur, Guwahati-06

                                           .....Petitioner

                                  -Versus-



           1. The Presiding Officer,
           Labour Court, Guwahati,
           D.C. Office campus, Panbazar,
           Guwahati-01.

           2. Assam Spun Silk Mills Workers Union,
           Jagiroad, Morigaon, Assam-782410

           3. The General Secretary,
           Assam Spun Silk Mills Workers Union,
           Jagiroad, Morigaon, Assam-782410

                                           ......Respondents

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BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

Advocate for the petitioner : Mr. A Kalita, Advocate

Advocate for the respondent Nos.2 and 3 : Mr. A Dasgupta, Sr. Adv.

                                       : Ms. B Das, Advocate


Date of hearing & judgment             : 19.06.2025




                              JUDGMENT AND ORDER (Oral)

Heard Mr. A Kalita, learned counsel for the petitioner. Also heard Mr. A Dasgupta, learned senior counsel assisted by Ms. B Das, learned counsel for the respondent Nos. 2 & 3.

2. The petitioner has prayed for setting aside the order dated 09.03.2015 passed by the learned Labour Court, Guwahati in Misc. Case No. 3/2008.

3. The petitioner's case is that the Assam Spun Silk Mill was closed by the Management in the year 1996. As no wages were being paid after closure of the Mill, the respondent No. 2 submitted an Industrial Dispute to the Labour and Employment Department regarding non-payment of wages since 1996. The conciliation proceeding between the parties having ended in failure, the Government of Assam, Labour & Employment Department thereafter referred Page No.# 3/7

the matter to the Industrial Tribunal, Guwahati vide notification dated 28.10.2004, wherein the following issues were framed:-

"a. Whether the Management of M/S Assam Spun Silk Mills Limited is

justified in stopping the payment of wages, salaries, retiral benefits and other dues admissible to the employees without taking any step under the I.D. Act ?

b. If not, what relief of compensation the employees are entitled ?"

4. The learned Tribunal passed the award dated 27.03.2007 in Reference Case No. 16/2004, by holding the stoppage of payment of wages, salaries, retiral benefits and other dues were not justified and as such, the employees, workmen were entitled to be given the service benefits as provided in the Industrial Disputes Act, 1947 (hereinafter referred to as the "Act"). The Management/writ petitioners were also directed to pay all the benefits to the retired employees, who had retired or died after 01.11.1996.

5. As the Award dated 27.03.2007 passed in Reference No. 16/2004 was not complied with, the respondent No. 2 submitted an application 33C(2) of the Act before the learned Labour Court, which was registered as Misc. Case No. 3/2008. The learned Labour Court passed dated 18.07.2013 in Misc. Case No. 3/2008, by holding that the writ petitioners were to pay the dues of the workmen immediately, including the amount already assessed and to be assessed in terms of the Award passed in Reference No. 16/2004. Consequently, the Commissioner appointed under Section 33C(3) of the Act was to submit a report to the learned Labour Court and thereafter the learned Labour Court was Page No.# 4/7

to determine the amount payable, after considering the report of the Commissioner.

6. Pursuant to the Order dated 18.07.2013 in Misc. Case No. 3/2008, the Commissioner appointed under Section 33C(3) of the Act submitted its report dated 29.01.2015, along with the wages payable to the workmen up t0 31.12.2014. However, the Commissioner, in para 8 of its report dated 29.01.2015, held that the Labour Court was to decide the cut off date to be followed with regard to the wages payable to the workmen/employees.

7. The learned Labour Court thereafter passed the impugned order dated 09.03.2015 in Misc. Case No. 3/2008, stating that the Commissioner's report was accepted and that the writ petitioners were to make payments as per the Commissioner's report.

8. The petitioner's counsel submits that a reading of Sections 33C(2) & 33C(3) of the Act shows that the Commissioner, who has been appointed by the Labour Court, had held that the Labour Court was to take a decision as to the period for which the wages was to be paid to the workmen of the respondent No. 2. However, the learned Labour Court did not take a decision with regard to the cut off date to be applied, as had been reflected in the Commissioner's report and as such, the impugned order dated 09.03.2015 passed in Misc. Case No. 3/2008 should be set aside.

9. Mr. A Dasgupta, learned senior counsel for the respondent Nos. 2 & 3 submits that there is no infirmity with the decision of the learned Labour Court, as the same has apparently been made on the basis of the report made by the Page No.# 5/7

Commissioner, which he was competent to make.

10. I have heard the learned counsels for the parties.

11. The relevant extract of the report of the Commissioner dated 29.01.2015 states as follows:-

"The learned court may decide the cut-off date to be follows; as from

the reading of the order Misc case 03/2008 page 13 which reads as under, the date of closure is not specified."

12. The impugned order dated 09.03.2015 passed in Misc. Case 3/2008 states as follows:-

"I have gone through the report of the Commissioner. It appears that

the Commissioner has shown in his report total payable amount to the employees is Rs. 64,76,38,049/- (Rupees sixty four crores seventy six lakhs thirty eight thousand forty nine), amount already paid is Rs. 31,59,54,715/; (Rupees-thirty one crores fifty nine lakhs fifty four thousand seven hundred fifteen) and balance amount to be paid to the employees is Rs. 33,16,83,334/- (Rupees thirty three crores sixteen lakhs eighty three thousand three hundred thirty four) and submitted his report in detail covering up to 31.12.2014 as per the order of the Court dated 18.7.2013.

The learned representative of the Union as well as learned counsels for the Opposite parties have already put their signatures on the report of the commissioner as a token of no objection. As such, the Commissioner's Page No.# 6/7

report is accepted.

The Opposite parties are directed to make payment of dues to be paid to the Union as well as its members as per Commissioner's report after making statutory deduction as per Rule.

Report of the Commissioner shall be treated as part of this order. Parties are directed to file the compliance report within 3 (three) months from the date of this order."

13. A perusal of the impugned order dated 09.03.2015 passed by the learned Labour Court in Misc. Case 03/2008 clearly shows that the Labour Court has not determined the cut off date to be followed and it has mechanically stated that the report of the Commissioner is accepted. No discussion has been made by the learned Labour Court as to why the report of the Commissioner is to be accepted and what is to be the cut off date.

14. On reading the contents of the Commissioner's report and keeping in view the contrasting stands taken by the counsels for the parties, this Court of the view that the learned Labour Court should have taken a decision as to what would be the cut off date or if the report of the Commissioner was to be taken in toto, the reasons for the same should have been discussed. As the same has not been done, the impugned order dated 09.03.2015 passed in Misc. Case No. 3/2008 is hereby set aside. The case is remanded back to the learned Labour Court, Guwahati for determining the cut off date, regarding entitlements of the workmen. The parties are also granted the liberty to raise any other issue which is permissible and which has not been reflected in this order, as per law.

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15. The learned Labour Court, Guwahati should however make an endeavour to decide Misc. Case No. 3/2008 expeditiously.

16. The writ petition is disposed of accordingly.

JUDGE

Comparing Assistant