Rajesh Kumar Jalan v. The State of Assam and 6 Ors

ORDER

05.08.2024

¶1Heard Mr. H.K. Nath, learned counsel for the petitioner and Mr. D. Saikia, learned Advocate General, Assam along with Mr. P. Nayak, learned counsel for the State respondents.

¶2The counsels for the parties have submitted a Notice dated 03.08.2024 that a Conciliation Meeting has been held in the District Commissioner's office on 02.08.2024 and certain resolutions were made therein. They also submit that all the wages have been paid to the workers on 03.08.2024.

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¶3The contents of the Notice dated 03.08.2024 regarding the Conciliation Meeting held in the District Commissioner's Conference Hall is reproduced hereinbelow, as follows : "NOTICE It is hereby informed to all concerned that with reference to the Conciliation Meeting held at the District Commissioner's Conference Hall Baksa on 02/08/24 at 3:00 pm, the following points have been ordered by the District Commissioner, Mushalpur, Baksa to implement with effect from 03/08/24 (AM).

¶1Garden work (Plucking & other field activities) will resume with effect from 03/08/24 (Saturday) since morning and accordingly the Morning Siren will be blown from 5:00 am onwards.

¶2The Labour Wage payment of two weeks will be paid on 03/08/24 (Saturday).

¶3Suspension of three persons e.g. Mansukh Sankharika, Patrash Barla and Bhincent Minj have been revoked and they are allowed to resume their duties with effect from 03/08/24 (AM). However, Mansukh Sankharika's Domestic Enquiry and Court case will continue.

¶4All have been advised to work sincerely for the betterment of the garden as the SDO (Civil), Salbari will regularly check the pluckers productivity and performance.

¶5Any further Domestic Enquiry proceedings shall be conducted by the SDO (Civil), Salbari."

¶4The Notice dated 03.08.2024 is made a part of the record and marked as Annexure-X.

¶5In this regard, Mr. D. Saikia has also submitted the letter dated 05.08.2024 issued by the Recovery Officer, ATEPFO, Guwahati. The same is also made a part of the record and marked as Annexure-Y. Page No.# 4/4

¶6In view of the submissions made by the counsels for the parties and the Notice dated 03.08.2024 and letter dated 05.08.2024 referred to above, the present writ petition stands closed as infructuous.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010085482024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2260/2024o RAJESHoKUMARoJALANo S/O-oLATEoLAKSMIoNARAYANoJALAN,oR/O-oCHITRALEKHAoPATH,oHOUSEo NO.o17,oGAYATRIKUNJ,oNEARoG.N.R.C.oHOSPITAL,oSUPERMARKET,oP.S.o DISPUR,oGUWAHATI-711006,oDIST.oKAMRUP(M),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oDEPARTMENToOFoLABOURoWELFARE,oDISPUR,oGUWAHATI- 781006. 2:THEoLABOURoCOMMISSIONER oASSAM oSHRAMoBHAVAN oULUBARI oGHY-781007. 3:THEoSECRETARYoCUMoP.F.oCOMMISSIONER oASSAMoTEAoEMPLOYEESoPROVIDENToFUNDoORGANISATIONoNIDHIo BHAVAN oBASISTHA oLALMATI oGUWAHATI-29. 4:THEoADDITIONALoP.F.oCOMMISSIONER oASSAMoTEAoEMPLOYEESoPROVIDENToFUNDoORGANISATIONoNIDHIo BHAVAN oBASISTHA oLALMATI oGUWAHATI-29. Page No.# 2/4 5:THE DISTRICT COMMISSIONER BAKSA ASSAM PIN- 781377. 6:THE SUPERINTENDENT OF POLICE BAKSA ASSAM PIN- 781377. 7:THE LABOUR OFFICER CUM CONCILIATION OFFICER LABOUR WELFARE DEPARTMENT BTC KOKRAJHAR ASSAM PIN- 783370 Advocate for the Petitioner : MR. R B PHOOKAN, MR H K NATH,A J KASHYAP,MR K J HAZARIKA Advocate for the Respondent : GA, ASSAM, SC, ATEPFO BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA