In a writ appeal challenging an interim order suspending a Labour Court award subject to a deposit, the Gauhati High Court held that the order did not warrant interference as payment was conditional on the final decision.
Writ appeal closed; no interference with interim order.
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GAHC010104232022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/192/2022
THE MANAGEMENT OF DAINIK JUGASANKHA 13, GREEN PATH, G.S. ROAD, GUWAHATI-7, DIST.- KAMRUP(M), REPRESENTED BY ITS MANAGING DIRECTOR
VERSUS
FAZLUZZAMAN MAZUMDER AND ANR. S/O- LATE IDRIS ALI MAZUMDER, P.O. DISPUR, P.S. DISPUR, DIST.KAMRUP(M), PIN- 781006, ASSAM
2:THE PRESIDING OFFICER LEARNED LABOUR COURT GUWAHATI-78100
Advocate for the Petitioner : MR. J I BORBHUIYA
Advocate for the Respondent :
BEFORE HON’BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON’BLE MR. JUSTICE SOUMITRA SAIKIA
:: O R D E R ::
08.06.2022
[N. Kotiswar Singh, CJ(Acting)]
Heard Mr. J.I. Borbhuiya, learned counsel for the appellant. Also heard Mr.
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Fasluzzamman Mazumder, learned counsel who appears in person for respondent No.1.
The present appeal has been preferred against the interim order dated 11.05.2022 passed by the Ld. Single Judge in WP(C) No.2211/2022, which reads as follows,
“Date: 11.05.2022
Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner, who submits that the Award dated 15.02.2019 passed by the learned Labour Court, Guwahati in Case No.16/2018 should be set aside inasmuch as there is no finding by the learned Labour Court that the termination of the petitioner’s (respondent No.1 herein) service is illegal.
Issue notice, returnable in 4(four) weeks.
The respondent No.1 appears in person.
Call for the LCR from the Labour Court.
List the matter after 4(four) weeks.
In the interim , the Award dated 15.02.2019 passed in Case No.16/2018 shall remain suspended till the next date, subject to the condition that the petitioner shall deposit an amount of Rs.3,00,000/- in the Registry of this Court within a period of 1(one) month from today. The disbursal of the said amount to be deposited by the writ petitioner will be subject to the final decision made in this case.”
Since the direction of the Ld. Single Judge was to deposit an amount of Rs.3,00,000/- in the Registry of this Court and not to be disbursed immediately but to be disbursed on the basis of the final decision to be made, we are of the view that it does not call for any interference from us.
Accordingly, the writ appeal is closed .
JUDGE
CHIEF JUSTICE (ACTING)
Comparing Assistant
1 issue framed by the court
Whether writ appeal against interim order requiring deposit of security amount without immediate disbursal calls for interference.
The Management of Dainik Jugasankha
Fazluzzaman Mazumder
N. Kotiswar Singh
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
