Grob Tea Company and Anr v. The State of Assam and 3 Ors

ORDER Date : 02.04.2024

Heard Mr. J. Roy, learned counsel for the petitioners and Mrs. A. Bhattacharyya, learned counsel for the respondent No. 2, Assam Cha Karmachari Sangha.

¶2The challenge in this writ petition is to the legality and validity of the order dated 12.11.2015 passed by the Assistant Labour Commissioner -cum-Authority under Payment of Wages Act, 1936, Dibrugarh, directing the petitioner to pay a total amount of Rs. 59,213.92 to three employees of the tea estate belonging to the petitioner tea company in the following proportion:-"Amount to be paid to the respective employees is detailed below:-

¶1Sri Dhoni Ram Gogoi, Teenali Tea Estate, P.O. Naharkatia, Dibrugarh. Rs. 39724.00 (Rs. Thirty Nine Thousand Seven Hundred and Twenty Four) Only

¶2Sri Jiban Chandra Dutta, Teenali Tea Estate, P.O. Naharkatia, Dibrugarh. Rs. 1982.40 (Rupees One Thousand Nine Hundred Eighty Two and Forty paise) Only.

¶3Smti Sanlata Baruah, Teenali Tea Estate, P.O. Naharkatia, Dibrugarh. Rs. 17507.52 (Rupees Seventeen Thousand Five Hundred Seven and Fifty Two Paisa) Only."

¶3Mr. J. Roy, learned counsel for the petitioner submits that Sri Dhani Ram Gogoi has been paid Rs. 39,724/-, while Sri Jiban Chandra Dutta has been paid Rs. 1982.40. He submits that Smt. Sanlata Baruah could not be paid the amount of Rs. 17,507.52, on account of the said lady having died on 02.11.2014. Page No.# 3/3

¶4Mrs. A. Bhattacharyya, learned counsel for the respondent No. 2 submits that late Sanlata Baruah has got a son, namely, Mridul Das to whom the payable amount can be paid.

¶5Mr. J. Roy, learned counsel for the petitioners submits that as and when Mr. Mridul Das approaches the petitioners with proper identification and proves that he is the son of late Sanlata Baruah, the aforesaid payable amount shall be paid to the said person.

¶6Mrs. A. Bhattacharyya, learned counsel for the respondent No. 2 agrees that no further claim will be made in respect of the payment to be made by the petitioners.

¶7In view of the present case being disposed of, on account of the petitioners having agreed to pay the three workmen the amount, as stated above, the other issues, which have been put to challenge by way of this writ petition, has not been decided as per the consent of the counsels for the parties.

¶8It is needless to add that as and when Mr. Mridul Das, son of late Sanlata Baruah appears with all identity proof, certificates, etc., the money payable should be paid to him immediately.

¶9The writ petition is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010028192015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7788/2015o GROBoTEAoCOMPANYoandoANR.o "HAUTTEEoSTREET",o9THoFLOORo86oA,oTOPSIAoROAD,oKOLKATA-o700046. 2:oTEENALIoTEAoESTATE oNAHARKATIA oDIST.oDIBRUGARH oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoSECRETARY,oLABOURoDEPARTMENT,oGOVT.oOFoASSAM,o 2:ASSAMoCHAoKARMACHARIoSANGHA oREP.oBYoTHEoCIRCLEoSECRETARY oNAHARKATIAoCIRCLE oP.O.oNAHARKATIAoA.C.K.S.oCENTRALoOFFICE o"BIJOYoBHAWAN"oDIBRUGARH oASSAM. 3:LABOURoCOMMISSIONER oGUWAHATI. 4:ASSISTANToLABOURoCOMMISSIONER-CUM-oAUTHORITY oUNDERoTHEoPAYMENToOFoWAGESoACT o1947 oDIBRUGARHo AdvocateoforotheoPetitionerooooo:oMR.RoHAZARIKAo AdvocateoforotheoRespondento:oMRS.AoBHATTACHARYYAR-2oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA