Pradip Das Vs the Union of India and 6 Ors.

1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001.

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2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29.

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3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29

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4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29

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5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI

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Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 453/2019 1:MD. NURUL HAQUE S/O MD. NUR MAHAMMAD ALI R/O VILL- BALAJUGTALY P.O. DHUHI NO. 2 P.S. KAYA DIST. KAMRUP R ASSAM PIN - 781350

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VERSUS 1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29.

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3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29

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4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI

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Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 432/2019

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1:SOMNATH BORO S/O LATE KAMESWAR BORO R/O VILL- BARBHERA P.O. CHECHAPANI P.S. TAMULPUR DIST. BAKSA ASSAM PIN - 781360 VERSUS 1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001.. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29.

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3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29

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4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI

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Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 464/2019

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1:MONORAM DAS S/O- LATE MADHURAM DAS R/O- VILL.- TUPALIA P.O.- GERUA (ASHRAM) .S.- BARBARI DIST.- BAKSA BTAD ASSAM PIN- 781344 VERSUS

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1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001.

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2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD

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BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 459/2019 1:PRADIP RAJBONGSHI S/O- LATE RAMESH RAJBONGSHI R/O- VILL.- HADOLI P.O.- NAHARBARI P.S.- DHAMDHAMA DIST.- NALBARI ASSAM PIN- 781349

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VERSUS 1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA

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GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 462/2019 1:GAJENDRA NATH SALOI S/O.- LATE RAJEN SALOI R/O- VILL. AND P.O.- CHANMAGURI P.S.- RANGIA DIST.- KAMRUP ASSAM PIN- 781380

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VERSUS

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1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN

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BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 461/2019 1:HAMANTA SALOI S/O- LATE DAYARAM SALOI R/O- VILL.- KOTHRA P.O.- JAMTOLA P.S. RANGIA DIST.- KAMRUP R ASSAM PIN- 781354 VERSUS 1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001.

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2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 460/2019

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1:MD. AINUL HAQUE S/O- LATE ALIMUDDIN R/O- VILL.- LARMA GORHATI P.O.- DHUHI P.S.- KAYA DIST.- KAMRUP ASSAM PIN- 781350

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VERSUS

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1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG

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NEW DELHI- 110001.

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2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 450/2019

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1:PRADIP DAS S/O LATE NAKUL DAS R/O VILL- TELERA NAKUCHI P.O.JAMTOLA P.S. RANGIA DIST. KAMRUP R ASSAM PIN - 781354

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VERSUS 1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG

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NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI

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Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 455/2019 1:DHARANI CHANDRA KALITA S/O- LATE JAY RAM KALITA R/O- VILL. AND P.O.- KARIA P.S. AND DIST.- NALBARI ASSAM PIN- 781339 VERSUS

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1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG

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NEW DELHI- 110001.

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2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI

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Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 457/2019

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1:SUBODH BAISHYA S/O- LATE SURENDRA NATH BAISHYA R/O- VILL.- MOROIWA P.O.- MOROWA P.S. AND DIST.- NALBARI ASSAM PIN- 781335 VERSUS

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1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN

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RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 436/2019

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1:BALIRAM BARMAN S/O LATE KANTHI RAM BARMAN R/O VILL- BARTALA P.O. BARTALA P.S. MUKALMUA DIST. NALBARI ASSAM PIN- 781138 VERSUS

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1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN

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RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 448/2019

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1:GANESH DUTTA S/O LATE MONOMOHAN DUTTA R/O VILL- DAHUDI P.O. AND P.S. SOLMARA P.S. BELSOR DIST. NALBARI ASSAM. PIN- 781338 VERSUS

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1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES

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SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 458/2019

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1:CHABIN KALITA S/O- LATE DHARANIDHAR KALITA R/O- VILL.- KADAMTALA P.O.- NISLAMARI P.S.- BARAMA DIST.- BAKSA BATD ASSAM PIN- 781343 VERSUS

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1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 434/2019

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1:SMTI. SEWALI HALOI BARUA W/O LATE DIMBESWAR BARUAH R/O VILL- BARNIBARI P.O. BARNIBARI P.S. MUKALMUA DIST. NALBARI ASSAM 781126 VERSUS

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1:THE UNON OF INDIA AND 6 ORS.

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REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 463/2019

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1:PANKAJ GOSWAMI S/O- LATE DHARANI DHAR GOSWAMI R/O- VILL.- KATALABARKUCHI P.O.- MILANPUR DIST. AND P.S. NALBARI ASSAM PIN- 781337 VERSUS

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1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 454/2019

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1:MD. AJMAT ALI

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S/O LATE MAHIDDIN ALI R/O VILL- BARPANARA P.O. BIHDIA P.S. BAIHATA CHARIALI DIST. KAMRUP ASSAM PIN - 781381

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VERSUS

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1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 465/2019

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1:BHOLA RAM BORO S/O- LATE HARICHARAN BORO R/O- VILL.- SARU CHAKADOL P.O.- BAR CHAKAKADOL P.S.- SIMLA DIST.- BAKSA BTAD ASSAM PIN- 781373

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VERSUS 1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 433/2019

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1:SUNIL BUJARBARUAH S/O LATE AMBIKA NATH BUZAR BARUAH R/O VILL- BARKHALA P.O. K.P. BARKHALA P.S.- GHAGRAPAR DIST. KAMRUP ASSAM

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PIN - 781350

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VERSUS 1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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Linked Case : I.A.(Civil) 451/2019

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1:SAMIN CH. DAS S/O LATE RAJAT CH. DAS R/O VILL- BARSARKUCHI P.O.- MILANPUR P.S. AND DIST.- NALBARI

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ASSAM PIN- 781337 VERSUS 1:THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF WATER RESOURCES SHARAM SHAKTI BHAWAN RAFI MARG NEW DELHI- 110001. 2:BRAHMAPUTRA BOARD REP. BY ITS CHAIRMAN BASISTHA GUWAHATI- 29. 3:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI- 29 5:THE CHIEF ENGINEER -II BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 6:THE SECRETARY BRAHMAPUTRA BAORD BASISTHA GUWAHATI- 29 7:THE EXECUTIVE ENGINEER NALBARI DIVISION BRAHMAPUTRA BOARD NALBARI

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Advocate for the Petitioner : MR A DASGUPTA Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE

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HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 14-05-2019

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Heard Mr. A. Dasgupta, learned senior counsel for the applicants. Also heard Mr. S.C. Keyal, learned ASGI for the Union respondents.

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All these applications are taken up together as the relief claimed in these applications are similar in nature who are all seeking benefit of Section 17-B of the Industrial Disputes Act, 1947.

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The only relevant facts for deciding these applications may be adverted to.

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There were certain disputes between the present applicants/workmen and the Management of Brahmaputra Board, Guwhati, Assam, which led to a reference, which was decided by the Central Government Tribunal-cum- Labour Court, Guwahati in Reference Case No. 02/2015 and made the Award on 20.03.2018.

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The Reference made before the Tribunal, Industrial Dispute reads as follows,

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“ (1) Whether the petitioners are in the employment of the Respondent-Board and, if so, from which date and with what status (temporary or any other one)? (2) In case, if it is held that the petitioners were/are in the employment of the Respondent-Board, may be in any capacity, then what relief(s) petitioners are entitled to claim from the Respondent ?”

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The Tribunal after adjudication made the following Award:

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“In view of the above, this reference is disposed of with the following award. The management of Brahmaputra Board is directed to re-instate the workmen involved in this reference in the capacity of casual workers on same wages was applicable to them at the time of their disengagement. Such re-instatement shall be done by the management within 60 days from the date of receipt of the copy of this Award. The management of Brahmaputra Board is further directed to pay lump-sum compensation of Rs.50000/- (Rupees Fifty thousand only) each to all the workmen

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involved in this reference within 90 days from the receipt of the copy of the award inlieu of back-wages. Accordingly, the reference is disposed of with the aforesaid Award.”

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Thus, the Tribunal directed reinstatement of the applicants/workmen and also to pay compensation of Rs.50,000/- each to all the workmen.

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The aforesaid award has been put to challenge before this Court by the Management in WP(C) 7845/2018.

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During the pendency of this petition challenging the Award by the Management, the applicants/workmen have filed these applications for grant of the benefit under Section 17-B of the Industrial disputes Act, 1947, which provides for payment of full wages to workmen pending proceeding in higher Courts.

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That issue has been dealt with by this Court in I.A.(C) No. 889/2018 in WP(C) 6956/2017. It has been relied on by Mr. A. Dasgupta, learned senior counsel for the applicants.

¶146

As regards the legal position, Mr. S.C. Keyal, learned ASGI appearing for the Management has fairly admitted to be so. However, he submits that the facts are slightly different in the present proceeding for the reason that in the present case, the project in which the workmen/applicants were working has come to a close and as such, there is no scope for reinstating the applicants in service.

¶147

This Court, however, is of the view that it is an issue which can be agitated by the Management at the time of hearing of this petition challenging the Award. However, the said may not come in the way of complying with the statutory provision provided under Section 17-B which is a beneficial provision enacted specifically for the welfare of the workmen.

¶148

There is no such condition mentioned in Section 17-B which the Management is seeking to introduce.

¶149

Reading of Section 17-B makes it very clear that wherever the Tribunal had issued a direction of reinstatement of a workman and if the employer prefers any proceeding against such award in the High Court, the employer shall be liable to pay such workman during the pendency of such proceeding before the High Court full wages last drawn inclusive of any maintenance allowance, if the workman had not been employed in any establishment during

¶150

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¶151

such period of pendency and an affidavit by such workman has been filed to that effect in such Court.

¶152

In the present case, as mentioned above, there is a specific direction by the Tribunal for reinstatement of workmen/applicants.

¶153

Secondly, the Management has challenged the said Award and as such, the proceeding is pending before this Court.

¶154

Thirdly, the workmen/applicants are claiming that they are not employed in any establishment during this period and they have also filed affidavits in that regard.

¶155

In that view of the matter, this Court is of the opinion that all the necessary ingredients for invoking Section 17-B of the Industrial Disputes Act have been complied by the workmen engaged.

¶156

In that view of the above, this Court is of the opinion that the Management would be under obligation to pay to the applicants the wages last drawn by the workmen/applicants inclusive of any maintenance as admissible under the Rules.

¶157

As regards the contention made by the Management that since the project to which the workmen were earlier working had been closed on conclusion of the project the workmen may be accommodated in another project under the Management to which the applicants/workmen have also expressed no objection, as ultimately they will be reinstated under the Management.

¶158

In that view of the above, all these applications are allowed directing the Management to pay full wages last drawn by the applicants inclusive of any maintenance allowance as provided under the Rules, if any and the Management would be at liberty to deploy the applicants to any other project under the Management.

¶159

With the above observation and direction, the present applications are allowed.

¶160

JUDGE

¶161

Comparing Assistant

Pradip Das v. the Union of India and 6 Ors.

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Pradip Das v. the Union of India and 6 Ors.

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