Gauhati High Court
Basanta Kumar Kalita vs The Management Of M/S Fertichem Ltd. And ... on 2 September, 2025
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GAHC010224742014
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/496/2014
BASANTA KUMAR KALITA
S/O- LT. RAMESWAR KALITA, R/O- C/O- RABIN CHOUDHURY, KRISHNA
NAGAR, GANESH MANDIR PATH, BY LANE NO. 4, DIST.- KAMRUP M,
ASSAM, PIN- 781020, WORKMAN and PRESIDENT OF SHRAMIK KALYAN
MANCH, FERTICHEM LTD., BONDA, GHY- 26.
VERSUS
THE MANAGEMENT OF M/S FERTICHEM LTD. and 2 ORS
AIDC COMPLEX, R.G. BARUA ROAD, GHY- 24.
2:REGIONAL PROVIDENT FUND COMMISSIONER EPFO
NER
REGIONAL OFFICE
G.S. ROAD
BHANGAGARH
GHY- 5.
3:CHAIRMAN
TASK FORCE FOR PSU REFORM
GOVT. OF ASSAM
PUBLIC ENTERPRISE DEPTT.
DISPUR
GHY- 6
Advocate for the Petitioner : MR.A DASGUPTA, MS.B DAS
Advocate for the Respondent : GA, ASSAM, MR D DEKA (R-1),MR D J BORO (R-1),MR. J
BARMAN,MR. J K GOSWAMI (r-1),MR.L P SHARMA,MR.S CHAKRABARTY,MR.P K
ROY,MR.S K CHAKRABORTY,MR.A CHAKRABORTY,MS.M DUTTA,MR.R THAKURIA
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BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 02.09.2025
Heard Mr. A. Dasgupta, learned Senior Counsel assisted by Ms. B. Das,
learned counsel for the petitioner. Also heard Mr. D. Deka, learned counsel for
the respondent No. 1.
Challenge made in this writ petition is to the judgment dated 11.09.2013,
passed by the learned Labour Court, Guwahati, Assam in Miscellaneous Case
No. 04/2007 (filed under Section 33(C)(2) of the Industrial Dispute Act, 1947),
whereby the claim for wages and salaries of the workmen in terms of the award
dated 11.11.2006, passed in Reference Case No. 2 of 2000, has been rejected.
The Management has challenge the second award dated 31.08.2006,
passed in Reference Case No. 14 of 2004, pertaining to closure compensation.
This Court vide judgment & order dated 25.04.2013, passed in WP(C) No.
251/2007, taking note of the statements made in additional affidavit by the
Management, recorded that during the pendency of the writ petition all the
remaining 33 (thirty three) employees of the petitioner, who are members of the
respondent No. 2, had accepted the closure compensation as full and final
settlement of dues. It was further noted that the employees had been paid all
their dues, including salaries and arrear salaries in the revised pay-scale, which
was duly accepted. Accordingly, the writ petition was disposed of. Thereafter,
the Labour Court, in view of the said order of this Court passed in WP(C) No.
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251/2007, disposed of the Miscellaneous Case No. 04/2007 on the ground that
all the payments have been cleared by the Management, as recorded in the said
order of this Court.
Having heard the submissions of learned counsel for the parties at length
and considering that the parties appear to have entered into a full and final
settlement covering all dues, i.e. closure compensation as well as salaries and
wages, Mr. D. Deka, learned counsel for respondent No. 1, is directed to
produce the records with regard to such settlement.
The matter remains part-heard.
List the matter on 09.09.2025.
Registry to tag the case record of WP(C) No. 251/2007 (D/O) along with
the present writ petition.
JUDGE
Comparing Assistant
