GUWAHATI, India, May 21 -- Gauhati High Court issued the following order on April 20:
1. Heard Mr. K. Mohammed, the learned counsel appearing on behalf of the petitioner in WP(C) No.4965/2023 and Mr. D. Khan, the learned counsel appearing on behalf of the petitioner in WP(C) No.5398/2023. Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the State of Assam.
2. This Court had passed a detailed order on 09.12.2025 whereby the primary issue which was before this Court in both the writ petitions has been adequately dealt with. For the sake of clarity, this Court would like to reiterate that the issue involved in WP(C) No.4965/2023 was relating to the non-compliance to the directions passed by the Assistant Labour Commissioner in its order dated 15.07.2022. On the other hand, it was the case of the petitioner in WP(C) No.5398/2023 that the impugned order passed by the Assistant Labour Commissioner dated 15.07.2022 was without authority and jurisdiction. The opinion so rendered by this Court in respect to the legality and validity of the order dated 15.07.2022 passed by the Assistant Labour Commissioner in the paragraph Nos.13 to 19 of the order dated 09.12.2025 being relevant are reproduced herein under:-
"13. Having heard the learned counsels appearing on behalf of the parties, the point for consideration which arises in both the writ petitions is as to whether the Assistant Labour Commissioner-cumAuthority under the Act of 1936, Dhubri was justified in passing the impugned order dated 15.07.2022. 14. Upon hearing the learning counsels appearing on behalf of the parties, there is no issue as to the quantum payable on account of the delayed wages with effect from 01.01.2016 to 31.05.2022. What is being assailed in the order dated 15.07.2022 is the imposition of penalty of 10 times of the delayed wages to the tune of Rs.82,95,330/-. In that regard, this Court finds it pertinent to take note of Section 15(3) of the Act of 1936, which being relevant is reproduced hereinunder:
"15(3) When any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further inquiry, if any, as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding three thousand rupees but not less than one thousand five hundred rupees in the latter, and even if the amount deducted or delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding two thousand rupees:
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpC9s%2Fxq91Sx1wJH0%2B%2BXKmGWc8Iq5iki55k0PuLqovYYt&caseno=WP(C)/5398/2023&cCode=1&cino=GAHC010203892023&state_code=6&appFlag=)
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