Monowar Hussain, v. The State of Assam and 5 Ors

ORDER Date : 22-01-2024 Heard Mr. R. Sensua, learned counsel for the applicant and Mr. D. Gogoi, learned Senior Government Advocate for the State and Mr. S. Dutta, learned counsel for the respondent no. 1. The applicant filed this miscellaneous application praying for restoration of WP(C)/4965/2023 to its original file which has been dismissed on 17.11.2023 for Page No.# 4/5 non-prosecution. The learned counsel for the petitioner submits that the writ petition being WP(C)/4965/2023 was filed by the petitioner by engaging Mrs. U. Baruah, Senior Advocate, Mr. S. Khound and Mr. D. J. Medhi. However, on 20.09.2023, the petitioner took back the brief of the said writ petition from the aforesaid counsels and thereafter the earlier set of counsels had filed an application before the Registry to delete their names, and the same was done which is reflected in the order dated 06.10.2023, in the connected writ petition. Thereafter the petitioner had engaged Mr. D. Das, learned Senior Advocate, Mr. R. Sensua, and Mr. K. Mohammed, as his learned counsels in WP(C)/4965/2023. However, in the meantime on 17.11.2023, the said writ petition was listed before the Court prior to the filing of vakalatnama by the newly engaged counsels and as such, no one appeared before the Court for the petitioner on that day in WP(C)/4965/2023. Accordingly, by an order dated 17.11.2023, the writ petition was dismissed for non-prosecution. The learned counsel for the petitioner further submits that on 20.09.2023 the brief was taken from the earlier counsels and on 15.11.2023, the vakalatnama was given to the newly engaged counsel and on 16.11.2023, the said vakalatnama was given to the Advocate's clerk for filing, but, due to some mistake, the same could not be filed on time and submitted the said vakalatnama only on 20.11.2023. However, in the meantime, on 17.11.2023, the said writ petition was already dismissed for non-prosecution. It is the further submission of the learned counsel for the petitioner that the petitioner has a very good case and if the case is not restored to file, the petitioner shall suffer irreparable loss and injury and that there has been no deliberate negligence or lapse on the part of the petitioner and hence, prays for Page No.# 5/5 restoration of the WP(C)/4965/2023 by recalling the order dated 17.11.2023, by which the writ petition has been dismissed for non-prosecution. Heard the learned counsel for the parties. Considering the reasons stated above, I am fully satisfied with the explanation given by the learned counsel for the petitioner for non appearance on 17.11.2023 due to which the WP(C)/4965/2023 has been dismissed. Accordingly, the order dated 17.11.2023 stands recalled and the writ petition being WP(C)/4965/2023 is restored to file. With this the miscellaneous application stands allowed and disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010282652023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/90/2023o MONOWARoHUSSAIN,o SONoOFoLATEoBAHIAToULLAH,oUNARMEDoSECURITYoGUARD,oERSTWHILE WIMCOoLTD.oLTD.,oDHUBRI,oNOWoMANAGEDoBYoITCoLTD.,oRESIDENToOFo A.M.CO.ROAD,oP.S.oANDoDISTRICT-oDHUBRI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oREVENUEoANDoDISASTERoMANAGEMENTo DEPARTMENT,oJANATAoBHAWAN,oDISPUR,oGUWAHATI-o781006 2:THEoDEPUTYoCOMMISSIONER oDHUBRI oDISTRICToDHUBRI oPINCODE-o783301 oASSAM 3:THEoCERTIFICATEoOFFICER oOFFICEoOFoTHEoDEPUTYoCOMMISSIONER oDHUBRI oPINCODE-o783301 4:THEoASSISTANToLABOURoCOMMISSIONERoCUMoAUTHORITY oUNDERoTHEoPAYMENToOFoWAGESoACT o1936 oDHUBRI oPINCODE-o78330 5:ITCoLTD. oBEINGoREPRESENTEDoBYoITSoMANAGINGoDIRECTOR oHAVINGoITSoREGISTEREDoOFFICEoAToVIRGINAoHOUSE Page No.# 2/5 J.L.NEHRU ROAD KOLKATA- 700071 6:SHRI AMARENDRA MOHAN DUTTA MANAGER OF ERSTWHILE WIMCO LTD. DHUBRI NOW MANAGED BY ITC LTD. AM CO. ROAD DHUBRI P.O. ASSAM MATCH CO.ROAD DHUBRI ASSA Advocate for the Petitioner : MR. D DAS SR. ADV Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/4965/2023 MONOWAR HUSSAIN SON OF LATE BAHIAT ULLAH UNARMED SECURITY GUARD ERSTWHILE WIMCO LTD. LTD. DHUBRI NOW MANAGED BY ITC LTD. RESIDENT OF A.M.CO.ROAD P.S. AND DISTRICT- DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI- 781006 2:THE DEPUTY COMMISSIONER DHUBRI DISTRICT DHUBRI Page No.# 3/5 PINCODE- 783301 ASSAM 3:THE CERTIFICATE OFFICER OFFICE OF THE DEPUTY COMMISSIONER DHUBRI PINCODE- 783301 4:THE ASSISTANT LABOUR COMMISSIONER CUM AUTHORITY UNDER THE PAYMENT OF WAGES ACT 1936 DHUBRI PINCODE- 78330 5:ITC LTD. BEING REPRESENTED BY ITS MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT VIRGINA HOUSE J.L.NEHRU ROAD KOLKATA- 700071 6:SRI AMITENDRA MOHAN DUTTA MANAGER OF ERSTWHILE WIMCO LTD. LTD. DHUBRI NOW MANAGED BY ITC LTD. AM CO. ROAD DHUBRI P.O. ASSAM MATCH CO.ROAD DHUBRI ASSAM ------------ Advocate for : Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG