Dehing Tea Estate vs The Union Of India And 3 Ors
2025 Latest Caselaw 7602 Gua

Gauhati High Court

Dehing Tea Estate vs The Union Of India And 3 Ors on 24 September, 2025

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GAHC010208242025




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

                          Case No. : WP(C)/5685/2025

         DEHING TEA ESTATE
         REPRESENTED BY ITS MANAGER, JAYANTA SARMA, AGED ABOUT 45
         YEARS, S/O- PRATAP CHANDRA SARMA, R/O DEHING TEA ESTATE, P.O-
         MARGHERITA, P.S.- MARGHERITA, DIST- TINSUKIA, ASSAM, PIN-786181.
         THE PETITIONERS TEA ESTATE IS UNDER THE COMPANY MCLEOD
         RUSSEL INDIA LIMITED HAVING ITS REGISTERED OFFICE AT FOUR
         MANGOE LANE, SURENDRA MOHAN GHOSH SARANI, KOLKATA, WEST
         BENGAL-700001

         VERSUS

         THE UNION OF INDIA AND 3 ORS.
         THROUGH THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF
         LABOR AND EMPLOYMENT, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW
         DELHI -110001

         2:THE STATE OF ASSAM
          REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
          LABOUR AND EMPLOYMENT DEPARTMENT
          DISPUR
          GUWAHATI
         ASSAM
          PIN-781006

         3:ASSISTANT LABOR COMMISSIONER
         TINSUKIA
          NIDHI BHAWAN
          RANGAPARA ROAD
         TINSUKIA
          PIN-786125

         4:THE SECRETARY
         ASSAM CHAH KARMACHARI SANGHA (ACKS) TINGRI CIRCLE
         TINSUKIA
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            P.O. AND P.S.- TINSUKIA
            DIST- TINSUKIA
            ASSAM
            PIN-78660

Advocate for the Petitioner : MR N N UPADHYAYA, MR. S UPADHAYA,MR. B B
KAKATI,MR. S SHARMA,MR. V PANDEY

Advocate for the Respondent : DY.S.G.I., GA, ASSAM




                                  BEFORE
                  HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                         ORDER

Date : 24.09.2025

Heard Mr. N. N. Upadhyaya, learned counsel appearing for the petitioner. Also heard Ms. B. Sarmah, learned central government council appearing for the respondent No.1 and Mr. G. Bokolia, learned counsel appearing for the respondent Nos. 2 and 3.

By way of this petition, the petitioner is challenging the impugned judgment and order dated 17.04.2025 passed by the Assistant Labour Commissioner, Tinsukia in application No. 47 to 53/2024.

Mr. N. N. Upadhyaya, learned counsel appearing for the petitioner, submits that the Payment of Wage Act, 1936, does not apply in respect of pension or pensionary contribution to all the labours, who are represented by the Assam Chah Karmachari Sangha (ACKS), Margherita Circle, were retired labours and these pension and post retirement benefits are not included in the definition of wages under Section 26 of the Payment of Wage Act, 1936. He accordingly Page No.# 3/3

submits that the court of the Authority of the Payment of Wage Act, 1936 cum the Assistant Labour Commissioner, Tinsukia, did not have the jurisdiction to pass the impugned order.

It appears that in a similarly situated petition, i.e., WP(C) No. 4629/2025, the co-ordinate bench of this court while issuing notice has stayed the impugned direction contained in the order dated 17.04.2025 till the next date.

Issue notice, returnable in 3 (three) weeks.

Ms. B. Sarmah, learned central government council accepts notice on behalf of respondent No.1 and Mr. G. Bokolia, learned counsel accepts notice on behalf of respondent No.2 and 3.

Steps be taken in respect of respondent No.4 by the registered post with A/D within a period of 2 (two) working days from today.

Let extra copies be furnished within a period of 2 (two) working days from today.

Considering the submissions made by the learned counsel appearing for the parties, re-list the matter after 3 (three) weeks on a date to be fixed by the Registry.

Till the next date fixed, the direction contained in the judgment and order dated 17.04.2025 shall not be given effect.

JUDGE

Comparing Assistant