Dulal Saikia and 5 Ors v. Assam State Warehousing Corporation and 3 Ors

ORDER Date : 26.06.2024 Page No.# 3/4

Ms. B. Bania, learned counsel for the respondent no.4 submits that Cooperative Department does not have any stake in the respondent no.1 i.e. Assam State Warehousing Corporation. Accordingly, she prays that the name of respondent no.4 be struck off being not a necessary party.

¶2As we do not find anything on record to show that the Assam State Warehousing Corporation is a Cooperative Society within the meaning of Cooperative Societies Act, the respondent no.4 is not a necessary party. Accordingly, the name of respondent no.4 is struck off.

¶3Heard Mr. C. Goswami, learned counsel for the petitioners. None appears on call for respondent nos. 1, 2 and 3 although notice is duly served.

¶4The petitioners claim that their CPF, Gratuity and Leave Encashment were not paid although the petitioners have retired from service vide retirement notice dated 15.11.2021, 05.10.2021, 15.11.2021, 17.08.2022 06.07.2022 and

15.11.2021 respectively.

¶5As there is no representation of the respondents and claim of the petitioners towards non-payment of CPF, Gratuity and Leave Encashment were denied, the Court is inclined to dispose of the writ petition by directing the petitioners to submit a fresh representation to the respondent no.2 along with a certified copy of this order, describing the nature of their claim. It is provided that if the petitioners have any other claim, it would be open to the petitioners to submit a fresh representation quantifying the nature of claim if any.

¶6The respondent nos. 1 and 2 are directed that on receipt of such representation by the petitioners, they would examine the claim of the petitioners within a period of 8(eight) weeks from the date of receipt of a Page No.# 4/4 certified copy of this order along with the representation and if any amount is found due and payable to the petitioners on account of CPF, Gratuity and Leave Encashment, steps shall be taken to disburse such amount within 4(four) months thereafter.

¶7This writ petition stands allowed to the extent as indicated above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010020802024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/840/2024o DULALoSAIKIAoANDo5oORSo SONoOFoLATEoKHAGESWARoSAIKIA,oRESIDENToOFoHOUSEoNO.o12o(A),o PATARKUCHI,oMAIKHULIoROAD,oP.S.oANDoP.O.oBASISTHAoCHARIALI,oDIST.- KAMRUPo(M),oASSAM,oPIN-o781029 2:oSRIoHITESHoDEKA oSONoOFoLATEoMOHIoRAMoDEKA oRESIDENToOFoWORDoNO.6 oPUNANIoGORAIBARI oP.O.oUDALGURI oDIST.-oUDALGURI oASSAM oPIN-o784509 3:oSRIoPRATULoBASUMATARY oSONoOFoMAKHANoLALoBASUMATARY oRESIDENToOFoBENGTOLAoGATE oP.O.oNO.1oCHAPAGURI oDIST.-oCHIRRANG oASSAM oPIN-o783380 4:oSRIoDIBYAJYOTIoGOGOI oS/O-oLATEoDHARMESWARoGOGOI oRESIDENToOFoL.K.oBARUAHoROAD oP.O.oGOLAGHAT oDIST.-oGOLAGHAT oASSAM oPIN-o785621 5:oSRIoKAILASHoMEDHI oSONoOFoLATEoJAGANNATHoMEDHI oRESIDENToOFoRAMNAGAR oJATIKUCHIoDIST.-oKAMRUPo(M) Page No.# 2/4 ASSAM PIN- 781040 6: SRI JAGABANDHU DEKA SON OF LATE JAGNURAM DEKA RESIDENT OF BENGAPARA P.O. SARTHEBARI DIST.- BARPETA ASSAM PIN- 78103 VERSUS ASSAM STATE WAREHOUSING CORPORATION AND 3 ORS TO BE REPRESENTED BY THE MANAGING DIRECTOR, PANNYAGAR BHAWAN, CHRISTIAN BASTI, GUWAHATI-5, PIN- 781005 2:THE CHAIRMAN ASSAM STATE WAREHOUSING CORPORATION PANNYAGAR BHAWAN CHRISTIAN BASTI GUWAHATI-5 PIN- 781005 3:THE MANAGING DIRECTOR PANNYAGAR BHAWAN CHRISTIAN BASTI GUWAHATI-5 PIN- 781005 4:THE STATE OF ASSAM TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM DEPARTMENT OF CO OPERATIVE DISPUR GUWAHATI- Advocate for the Petitioner : MR C GOSWAMI Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA