National Hydro Electric Power Corporation Limited (Nhpc) v. Regional Labour Commissioner (Central) Cum Authority and 5 Ors

Page No.# 1/9 GAHC040000672023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C) 14/2023 1:National Hydro Electric Power Corporation Limited (NHPC) a Company incorporated and registered under the Companies Act, 1956 having its registered Office at NHPC Complex, Sector 33, Faridabad (Haryana), through its authorized representative, Takhe Habung, Son of Late Takhe Taku, Engineer (Civil), Subansiri Lower Hydro Electric Project, NHPC Limited, Kolaptukar, Dollungmukh Circle, District Lower Subansiri, Arunachal Pradesh

1:Regional Labour Commissioner (Central) cum Authority and 5 Ors. under the Minimum Wages Act, 1948 for Guwahati Region, Guwahati, Assam. 2:Labour Enforcement Officer (Central) at Tezpur In Charge Guwahati II cum Assistant Labour Commissioner (Central) and Inspector under Minimum Wages Act 1948 3:M/s Larsen and Toubro Limited Represented by its Managing Director ECC Division Subansiri Lower Hydro Electricity Project Gerukamukh District Dhemaji Assam PIN 787035 4:Rotom Tem Sub Contractor Page No.# 2/9

Larsen and Toubro Limited Village Kolaptukar Dollungmukh Circle District Lower Subansiri Arunachal Pradesh PIN 792110 5:THE STATE OF AP through the Commissioner Department of Labour Govt. of Arunachal Pradesh Itanagar District Papum Pare Arunachal Pradesh 6:The Union of India Through the Secretary Ministry of Labour and Employment Govt. of India Shram Shakt Bhawan Rafi Marg New Delhi 11000 Advocate for the Petitioner : Kamal Saxena Advocate for the Respondent : GA (AP) Linked Case : WP(C) 162/2018 1:NHPC LIMITED THROUGH ITS AUTHORIZED REPRESENTIVE TAKHE HABUNG S/O LT. TAKHE TAKU ENGINEER CIVIL SOBANSIRI LOWER HYDRO ELECTRIC PROJECT NHPC LIMITED KOLAPTUKAR DOLLUNGMUKH CIRCLE DIST. LOWER SUBANSIRI AP. Page No.# 3/9 1:REGIONAL LABOUR COMMISSIONERCENTRAL-CUM-AUTHORITY UNDER THE MINIMUM WAGES ACT. 1948 FOR GUWAHATI REGION GUWAHATI ASSAM. 2:LABOUR ENFORCEMENT OFFICER CENTRAL AT TEZPUR INCHARGE GUWAHATI-II-CUM-ASSISTANT LABOUR COMMISSIONERCENTRAL AND INSPECTOR UNDER MINIMUM WAGES ACT 1948. 3:M/S LARSEN and TOUBRO LIMITD REPRESENTED BY ITS MANAGING DIRECTOR ECC DIVISION SUBANSIRI LOWER HYDRO ELECTRICITY PROJECT GERUKAMUKH DIST. DHEMAJI ASSAM PIN -787035 4:M/S SHAKTI COMMODITIES PRIVATE LIMITED REPRESENTED BY ITS DIRECTOR SHOBAN SINGH BIST ROOMJ NO. 21 2ND FLOOR SHYAMLAI ROAD DARYAGANJ NEW DELHI-110002. 5:THE STATE OF A.P. THROUGH THE COMMISSIONER DEPTT. OF LOABOUR GOVT. OFAP ITANAGAR DIST. PAPUM PARE AP. 6:THE UNION OF INDIA THROUGH THE SECRETARY MINISTER OR LABOUR and EMPLOYMENT GOVT. OF INDIA SHRAM SHAKTI BHAWAN RAFI MARG Page No.# 4/9 NEW DELHI-110001. Advocate for the Petitioner : MrsS Nag Advocate for the Respondent : GA (AP) Linked Case : WP(C) 543/2017 1:NHPC LIMITED HAVING ITS REGISTERED OFFICE AT NHPC COMPLEX SECTOR 33 FARIDABAD HARYANA 2: SHRI TAKHE HABUNG AUTHORITY SIGNATORY NHPC KOLAPTUKAR DOLLUNGMUKH CIRCLE LOWER SUBANSIRI DISTRICT AP 1:THE STATE OF AP REPRESENTED BY THE COMMISSIONER LABOUR GOVT OF AP ITANAGAR 2:REGIONAL LABOUR COMMISSIONER CENTRAL AUTHORITY UNDER THE MINIMUM WAGES ACT 1948 GUWAHATI ASSAM 3:M/S EXCEL SOLUTION SUB CONTRACOTR LandT LTD GERUKAMUKH DHEMAJI DISTRICT ASSAM 4:THE MANAGING DIRECTOR M/S LandT LTD ECC DIVISION SUBANSIRI LOWER HE PROJECT GERUKAMUKH DHEMAJI DISTRICT Page No.# 5/9 ASSAM Advocate for the Petitioner : MrsS Nag Advocate for the Respondent : GA (AP) Linked Case : IA(C) 16/2023 1:NHPC Limited Having its Registered Office at NHPC Complex Sector 33 Faridabad Haryana

Represented by Shri Takhe Habung Authority Signatory NHPC Kolaptukar Dollungmukh Circle Lower Subansiri. 1:THE STATE OF AP and 3 Ors. Represented by the Commissioner Labour Govt. of AP Itanagar. 2:Regional Labour Commissioner Central Authority under the Minimum Wages Act 1948 Guwahati Assam. 3:M/s Excel Solution Sub Contractor L and T LTD Gerukamukh Dhemaji District Assam. 4:The Managing Director M/s L and T ECC Division

Subansiri Lower HE Project Gerukamukh Dhemaji District Assam. Advocate for the Petitioner : Kamal Saxena Advocate for the Respondent : GA (AP) Linked Case : IA(C) 15/2023 Page No.# 6/9 1:National Hydo Electric Power Corporation Limited (NHPC) a Company incorporated and registered under the Companies Act 1956 having its registered Office at NHPC through its authorized representative Takhe Habung Son of Late Takhe Taku Engineer (Civil) Subansiri Lower Hydro Electric Project NHPC Limited Kolaptukar Dollungmukh Circle District Lower Subansiri Arunachal Pradesh. 1:Regional Labour Commissioner (Central) cum Authority and 5 Ors. Under the Minimum Wages Act 1948 for Guwahati Region Guwahati Assam. 2:Labour Enforcement Officer (Central) at Tezpur In Charge Guwahati II cum Assistant Labour Commissioner (Central) and Inspector under Minimum Wages Act 1948 3:M/s Larsen and Toubro Limited Represented by its Managing Director ECC Division Subansiri Lower Hydro Electricity Project Gerukamukh District Dhemaji Assam PIN 787035 4:M/s Shakti Commodities Private Limited Represented by its Director

Shoban Singh Bist Room No. 21 2nd Floor Shyamlal Road Daryaganj Page No.# 7/9 New Delhi 110002 5:THE STATE OF AP Through the Commissioner

Department of Labour Govt. of Arunachal Pradesh Itanagar District Papum Pare Arunachal Pradesh. 6:The Union of India Through the Secretary Minister of Labour and Employment Govt. of India Shram Shakti Bhawan Rafi Marg New Delhi 110001 Advocate for the Petitioner : Kamal Saxena Advocate for the Respondent : GA (AP) Linked Case : WP(C) 163/2018 1:NHPC LIMITED THROUGH ITS AUTHORIZED REPRESENTIVE SHRI TAKHE HABUNG S/O LT. TAKHE TAKU ENGINEER CIVIL SOBANSIRI LOWER HYDRO ELECTRIC PROJECT NHPC LIMITED KOLAPTUKAR DOLLUNGMUKH CIRCLE DIST. LOWER SUBANSIRI AP. MOBILE NO. 8811071101 1:REGIONAL LABOUR COMMISSIONER CENTRAL-CUM-AUTHORITY UNDER THE MINIMUM WAGES ACT. 1948 FOR GUWAHATI REGION GUWAHATI ASSAM. 2:LABOUR ENFORCEMENT OFFICERCENTRALAT TEZPUR INCHARGE Page No.# 8/9 GUWAHTI II 3:M/S LARSEN and TOUBRO LIMITED REPRESENTED BY ITS MANAGING DIRECTOR ECC DIVISION SUBANSIRI LOWER HYDRO ELECTRICITY PROJECT GERUKAMUKH DIST. DHEMAJI ASSAM PIN-787035 4:ROTOM TEM SUB-CONTRACTOR LARSEN and TOUBRO LIMITED VILLAGE KOLAPTUR DLLUNGMUKH CIRCLE DIST. LOWER SUBANSIRI AP. PIN 792110. 5:THE STATE OF A.P. THROUGH THE COMMISSIONER DEPTT. OF LABOUR GOVT. OF AP ITANAGAR DISTRICT PAPUM PARE AP. 6:THE UNION OF INDIA THROUGH THE SECRETARY MINISTER OF LABOUR and EMPLOYMENT GOVT. OF INDIA SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI-110001. Advocate for the Petitioner : MrsS Nag Advocate for the Respondent : MrM Kato

Page No.# 9/9 BEFORE HONBLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 06-06-2023 Heard Mr. P. K. Tiwari, learned standing counsel for the NHPC, representing the applicant. Also heard Ms. G. Ete, learned Additional Senior Government Advocate representing respondent no. 5. This interlocutory application is filed by the applicant to grant leave to amend WP(C)163(AP)/2018 and to allow to correct the address of respondent no. 3 in the file of the Court. Mr. Tiwari, learned standing counsel representing the applicant submits that the respondent no. 3 has wrongly been mentioned in the cause title of the WP(C)163(AP)/2018 and therefore, service of notice upon respondent no. 3 could not be completed and accordingly prays to amend the cause title of WP(C)163(AP)/2018. Having heard the submission of learned counsels for both the parties and also considering the circumstances on record, this interlocutory application is disposed of with a liberty granted to the applicant to amend the cause title of WP(C)163(AP)/2018 as proposed in Paragraph-4 of the writ petition. The interlocutory application stands disposed of in terms above. JUDGE Comparing Assistant