GAUHATI HIGH COURT ISSUES ORDER FOR BUILDWORTH SHRAMIK UNION V/S THE MANAGEMENT OF M/S BUILDWORTH

GUWAHATI, India, Jan. 16 -- Gauhati High Court issued the following order on Dec. 16:

1. Heard Mr. A. Dasgupta, the learned Senior Counsel assisted by Ms. B. Das, the learned counsel appearing on behalf of the petitioner and Mr. R. Sharma, the learned counsel appearing on behalf of the respondent.

2. The instant proceedings is filed by the Trade Union against the respondent challenging the Award dated 30.11.2013 passed by the learned Labour Court Guwahati, Assam whereby the reference was decided against the workmen.

3. During the course of hearing on 28.10.2025, this Court enquired as to whether there is any possibility of an amicable settlement and in that regard, permitted the respondent to submit a proposal without prejudice. In pursuance thereto, various proposals have been exchanged between the petitioner and the respondent. On 20.11.2025, the learned counsel who represented the petitioner had submitted that the petitioner was agreeable for an ex-gratia payment of Rs. 41 lakhs plus Rs. 23.34 lakhs towards gratuity and retrenchment benefit as the full and final settlement.

4. Mr. R. Sharma, the learned counsel appearing on behalf of the respondent had also submitted that the respondent was also agreeable subject to vacation of the quarters by the workmen. Accordingly, this Court therefore directed both the parties to file affidavits before this Court.

5. In pursuance thereto, both the petitioner as well as the respondent have filed their respective affidavits.

6. In the additional affidavit filed by the petitioner, they indicated the amount of gratuity and retrenchment payable by the Management and enclosed the same in the form of chart as Annexure-A. From a perusal of the said Annexure-A to the additional affidavit, it is seen that the total gratuity payable has been shown as Rs. 8,69,502/- and the retrenchment benefits have also been shown as Rs. 14,64,716/- roughly Rs. 14.65 lakhs. It is also stated in the additional affidavit filed on behalf of the petitioner that they are agreeable for an ex-gratia payment of Rs. 41 lakhs against 41 workmen, i.e. Rs. One Lakh each. The total claim of the petitioner is Rs. 64.34 lakhs. It is also mentioned the members of the petitioner would vacate the possession of the quarters within 9-12 months time.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9eVV0RYg6JCi2qY5EYKMbcjh5w1Ni%2F471z78fmO07J%2Fq&caseno=WP(C)/5866/2014&cCode=1&cino=GAHC010017952014&state_code=6&appFlag==)

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