GAUHATI HIGH COURT ISSUES ORDER FOR STATE OF ASSAM V/S THE PRESIDING OFFICER AND OTHERS

GUWAHATI, India, July 19 -- Gauhati High Court issued the following order on June 18:

1. Heard Mr. A Kalita, learned counsel for the petitioner. Also heard Mr. A Dasgupta, learned senior counsel assisted by Ms. B Das, learned counsel for the respondent Nos. 2 & 3.

2. The petitioner has prayed for setting aside the order dated 09.03.2015 passed by the learned Labour Court, Guwahati in Misc. Case No. 3/2008.

3. The petitioner's case is that the Assam Spun Silk Mill was closed by the Management in the year 1996. As no wages were being paid after closure of the Mill, the respondent No. 2 submitted an Industrial Dispute to the Labour and Employment Department regarding non-payment of wages since 1996. The conciliation proceeding between the parties having ended in failure, the Government of Assam, Labour & Employment Department thereafter referred the matter to the Industrial Tribunal, Guwahati vide notification dated 28.10.2004, wherein the following issues were framed:-

"a. Whether the Management of M/S Assam Spun Silk Mills Limited is justified in stopping the payment of wages, salaries, retiral benefits and other dues admissible to the employees without taking any step under the I.D. Act ?

b. If not, what relief of compensation the employees are entitled ?"

4. The learned Tribunal passed the award dated 27.03.2007 in Reference Case No. 16/2004, by holding the stoppage of payment of wages, salaries, retiral benefits and other dues were not justified and as such, the employees, workmen were entitled to be given the service benefits as provided in the Industrial Disputes Act, 1947 (hereinafter referred to as the "Act"). The Management/writ petitioners were also directed to pay all the benefits to the retired employees, who had retired or died after 01.11.1996.

5. As the Award dated 27.03.2007 passed in Reference No. 16/2004 was not complied with, the respondent No. 2 submitted an application 33C(2) of the Act before the learned Labour Court, which was registered as Misc. Case No. 3/2008. The learned Labour Court passed dated 18.07.2013 in Misc. Case No. 3/2008, by holding that the writ petitioners were to pay the dues of the workmen immediately, including the amount already assessed and to be assessed in terms of the Award passed in Reference No. 16/2004.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1F1kSjtBuiRyqghFUVmJjISYKY6b%2BKpJIhb8v6chlibe&caseno=WP(C)/8030/2015&cCode=1&cino=GAHC010028882015&state_code=6&appFlag=)

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