Page No.# 1/3 vs The State Of Assam And 6 Ors
2025 Latest Caselaw 7392 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 6 Ors on 17 September, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/3

GAHC010209132025




                                                           2025:GAU-AS:12823

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

                             Case No. : WP(C)/5485/2025

         THE MANAGEMENT OF MOKA ESTATES PRIVATE LIMITED
         A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT,
         2013, HAVING ITS REGISTERED OFFICE AT B-104, GROUND FLOOR,
         GULMOHAR PARK, SOUTH DELHI, POLICE STATION HAUZ KHAS, P.O.
         ANDREWSGANJ, PIN-110049, NEW DELHI, REPRESENTED BY ITS ONE OF
         THE DIRECTOR, SHRI NIKHILESH MORE, SON OF MR. DEEPAK KUMAR
         MORE, RESIDENT OF HOUSE NO. 157, DEEPAK ROLLER FLOUR MILLS,
         G.S. ROAD, CHRISTIAN BASTI, DISPUR, GUWAHATI, KAMRUP (M), ASSAM



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, LABOUR AND EMPLOYMENT DEPARTMENT, DISPUR,
         GUWAHATI-6.

         2:THE SECRETARY TO THE GOVT. OF ASSAM

          LABOUR WELFARE DEPARTMENT
          DISPUR
          GUWAHATI-6.

         3:THE LABOUR COMMISISONER

          ASSAM
          SHRAM BHAWAN
          ULUBARI
          GUWAHATI-781007.

         4:THE ASSISTANT LABOUR COMMISSIONER

          ZONE-III
                                                                            Page No.# 2/3

           TEZPUR
           SONITPUR
           PIN-784001.

          5:THE PRESIDING OFFICER

           LABOUR COURT
           GUWAHATI-781001.

          6:THE ASSAM CHAH KARMACHARI SANGHA

           TEZPUR CIRCLE
           PIN-784001
           REPRESENTED BY ITS PRESIDENT/SECRETARY.

          7:THE APEEJAY TEA LIMITED
          A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT
           2013
           HAVING ITS REGISTERED OFFICE AT APEEJAY HOUSE
           15 PARK STREET
           P.S. AND P.O. PARK STREET
           KOLKATA- 700016
          WEST BENGAL

For the petitioner (s)    : Mr. G. Rahul, Advocate

For the respondent (s) : Mr. K. Gogoi, Addl. Sr. Govt. Advocate


                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

17.09.2025

Heard Mr. G. Rahul, the learned counsel appearing on behalf of the petitioner. Mr. K. Gogoi, the learned Additional Senior Government Advocate appears on behalf of the respondent Nos.1 to 4.

Page No.# 3/3

2. The learned counsel appearing on behalf of the petitioner submits that taking into account the issue involved whereby on account of a verbal submission of the counsel which was contrary to the records, the impugned award was passed, the petitioner would be well advised to approach the learned Industrial Tribunal taking into account the judgment of the Supreme Court in the case of Grindlays Bank Ltd. vs. The Central Government Industrial Tribunal & Others, reported in AIR 1981 SC 606.

He, therefore, submits that the petitioner may be permitted to withdraw the instant writ petition without prejudice to file the said review application.

3. Taking into account the above, the instant writ petition stands closed.

4. It is observed that the closing of the instant writ petition shall not prejudice the petitioner to raise such grievance in a proceedings of review, if filed and falling within the ambit as observed by the Supreme Court in the case of Grindlays Bank Ltd. (supra).

JUDGE

Comparing Assistant