Allowed

Sabitri Paik v. Management of Pertabghur Tea Estate

Gauhati HC8 Aug 2022I.A.(Civil)/1831/2022

Case brief

AI extract

What is this about?

In interlocutory applications, this court held that applicants, whose reinstatement award was assailed in challenge, are entitled to full salary last drawn pending the pendency of the writ petition under Section 17B of the Industrial Disputes Act, 1947.

What did the court decide?

Management directed to pay full salary last drawn to applicants from 13.11.2017 till pendency of the writ petition.

Sabitri Paik Vs Management of Pertabghur Tea Estate — Service and Employment | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010118282022

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

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Case No. : I.A.(Civil)/1830/2022

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CHAMPA NAYAK WIFE OF SRI DINESH NAYAK RESIDENT OF PERTABGHUR TEA ESTATE P.O. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM.

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VERSUS

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MANAGEMENT OF PERTABGHUR TEA ESTATE REPRESENTED BY ITS GENERAL MANAGER BISWANATH CHARIALI P.O. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN-784176.

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-----------Advocate for : MR. K M HALOI Advocate for : MR. K KALITA appearing for MANAGEMENT OF PERTABGHUR TEA ESTATE

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Linked Case : I.A.(Civil)/1831/2022

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SABITRI PAIK WIFE OF LATE SUREN PAIK RESIDENT OF PERTABGHUR TEA ESTATE

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P.O. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM.

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VERSUS

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MANAGEMENT OF PERTABGHUR TEA ESTATE REPRESENTED BY ITS GENERAL MANAGER BISWANATH CHARIALI P.O. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN-784176.

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-----------Advocate for : MR. K M HALOI Advocate for : MR. K KALITA appearing for MANAGEMENT OF PERTABGHUR TEA ESTATE

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Linked Case : WP(C)/6848/2017

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MANAGEMENT OF PERTABGHUR TEA ESTATE REP. BY ITS GENERAL MANAGER BISWANATH CHARIALI P.O. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN-784176.

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VERSUS

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THE SECRETARY AKHIL BHARATIYA CHAH MAZDOOR SANGHA and ANR. HAVING ITS REGISTERED OFFICE AT RANGAPARA P.O. RANGAPARA PIN-784505 DIST. SONITPUR ASSAM. 2:THE PRESIDING OFFICER LABOUR COURT ASSAM AT GUWAHATI M.G. ROAD

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DEPUTY COMMISSIONER'S OFFICE COMPLEX 2ND FLOOR GUWAHATI-781001.

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-----------Advocate for : MS.T DEURI Advocate for : FOR CAVEATOR appearing for THE SECRETARY AKHIL BHARATIYA CHAH MAZDOOR SANGHA and ANR.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 08.08.2022

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Heard Mr. K.M. Haloi, learned counsel for the applicants and Mr. S.N. Sarma, learned Senior counsel for the respondent.

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The applicants herein are workmen of the Pertabghur Tea Estate and are beneficiaries of an award for reinstatement dated 17.08.2017 of the learned Labour Court of Assam at Guwahati in Reference Case No. 13/2003. Against the award of the Labour Court, the management had instituted WP(C) No. 6848/2017. These interlocutory applications are made by the workmen claiming the relief of full salary under Section 17B of the Industrial Disputes Act, 1947 inasmuch as, on an award of reinstatement being assailed in the High Court, the provision of law under Section 17B provides that the workmen would be entitled to full salary last drawn for the period of pendency before the High Court.

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We have taken note of that the writ petition WP(C) No. 6848/2017 was admitted by the order dated 13.11.2017. Accordingly, under Section 17B of the Industrial Disputes Act, 1947, the Management is directed to pay the full salary last drawn to the applicants on and from 13.11.2017, till the pendency of the

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writ petition.

I.A.s stand allowed.

JUDGE

Comparing Assistant

Sabitri Paik v. Management of Pertabghur Tea Estate

Case brief

What is this about?

What did the court decide?

Sabitri Paik v. Management of Pertabghur Tea Estate

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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