Disposed

Morangi Tea Co. Pvt. Ltd. and Anr. v. the Presiding Officer , Industrial Tribunal and Anr.

Gauhati HC10 Jan 2019WP(C)/2491/2009

Case brief

AI extract

What is this about?

Petitioner challenged an Industrial Tribunal award ordering reinstatement and back wages for a dismissed workman who died during proceedings. Court ordered payment of back wages to legal heirs and dismissed the petition.

What did the court decide?

Direction to pay Rs.1,06,292/- back wages to legal heirs within three weeks; petition closed.

Morangi Tea Co. Pvt. Ltd. and Anr. Vs the… — Pension and Retirement Benefits | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010005092009

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 2491/2009

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1:MORANGI TEA CO. PVT. LTD. and ANR.

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HEAD OFFICE AT 227-J.C.BOSE ROAD, 2ND FLOOR, ANANDLOK, KOLKOTA-15, STATE- WEST BENGAL.

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2: THE MANAGEMENT OF MARANGI TEA ESTATE PO. LETEKUJAN DIST. GOLAGHAT ASSA

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VERSUS

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1:THE PRESIDING OFFICER , INDUSTRIAL TRIBUNAL and ANR. INDUSTRIAL TRIBUNAL, DIBRUGARH, DIST. DIBRUGARH, ASSAM.

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2:b) SRI BIMAL TANTI S/O LT. RAJO TANTI R/O MARANGI TEA ESTATE PO. LETEKUJAN PS. NUMALIGARH DIST. GOLAGHAT ASSAM.

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2:a) SRI KAILASH TANTI S/O LT. RAJO TANTI R/O MARANGI TEA ESTATE PO. LETEKUJAN PS. NUMALIGARH DIST. GOLAGHAT ASSAM

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Advocate for the Petitioner : MR.A K GUPTA

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Advocate for the Respondent : MR.A NATH

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Page No.# 2/3

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BEFORE CIVIL BENCH-III

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ORDER

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Date : 10-01-2019

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Heard Mr. P.J. Saikia, learned counsel for the management/ petitioner.

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No one is present for the respondents including the workman or his representative, who died during the pendency of this proceeding, and who was represented by his wife who also died during the pendency, and later on substituted by his son Sri Kailash Tanti and Sri Bimal Tanti. The petition is preferred against the award made by the Industrial Tribunal, Dibrugarh in Reference Case No.01/2008.

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The Industrial Tribunal gave the finding that the management/ petitioner was not justified in dismissing the service of Sri Rajo Tanti w.e.f. 26.09.1998 and consequently he was entitled to reinstatement with full back wages. The said award was passed on 04.10.2008 against which the present petition has been filed.

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In course of hearing it has been submitted by the learned counsel for the petitioner that since the workman has died during the pendency of the proceedings, the question of reinstatement of the workman does not arise. The only issue which remains to be decided by this Court is about the payment of full back wages as directed by the Industrial Tribunal.

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This Court had enquired from the learned counsel for the petitioner as to the amount which the petitioner would be liable to pay as full back wages, to which the learned counsel for the petitioner has submitted that the said amount will be Rs.1,06,292/- by taking into account the full wages last drawn by him as on the date of retirement.

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This Court has gone through the award. It seems the workman was charged of being absent from duty without sufficient cause and also being involved in a case of moral turpitude. However, the Industrial Tribunal held that none of the aforesaid charges was proved and accordingly, directed reinstatement of the workman, who was dismissed from service with full back wages.

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Page No.# 3/3

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Though, no one is present for the respondent workman, this Court is of the view that considering the fact that the workman had already expired during the pendency of this proceedings and also since there is also a finding by the Industrial Tribunal, that the charges were not proved and also the fact that the amount which is liable to be paid by the management is only Rs.1,06,292/- being the full back wages, this Court is of the view that it may not be necessary to examine the matter any further, as there should not be any difficulty on the part of the management to pay the aforesaid amount of Rs.1,06,292/-to the legal heirs of the deceased workman which the petitioner will pay within a period of 3(three) weeks from today.

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With the above direction, this petition stands closed.

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JUDGE

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Comparing Assistant

Morangi Tea Co. Pvt. Ltd. and Anr. v. the Presiding Officer , Industrial Tribunal and Anr.

Case brief

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Morangi Tea Co. Pvt. Ltd. and Anr. v. the Presiding Officer , Industrial Tribunal and Anr.

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