Dismissed

Dholai Tea Co. Pvt. Ltd. and 2 Ors. v. the State of Assam and 7 Ors.

Gauhati HC7 Apr 2022WP(C)/257/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition filed by tea companies against minimum wage fixation. Upon the submission that a notification dated 05.06.2021 unanimously increased wages and the petition was thus infructuous, the court allowed withdrawal with liberty to file afresh.

What did the court decide?

Petition disposed of on withdrawal with liberty to file afresh; notification dated 05.06.2021 made part of record.

Dholai Tea Co. Pvt. Ltd. and 2 Ors. Vs the State of… — Writ and Judicial Review | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010008442019

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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)/257/2019

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DHOLAI TEA CO. PVT. LTD. AND 2 ORS.

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A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT , 1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT 33A, J.L. NEHRU ROAD, 15TH FLOOR, ROOM NO. 10, KOLKATA- 700071, REP. BY ONE OF ITS DIRECTORS SHRI PRADIP TUSNIAL, WHO IS ALSO A SHAREHOLDER, RESIDENT OF 5, HASTINGS PARK ROAD, KOLKATA700027.

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2: VISHNU TEA AND INDUSTRIES PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE

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COMPANIES ACT

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1956 AND HAVING ITS REGISTERED OFFICE AT C-3/3 GILLANDER HOUSE 8

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NETAJI SUBHAS ROAD

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KOLKATA- 700001 REP. BY ONE OF ITS DIRECTORS SHRI K.K. BAJORIA R/O 21 CHAKRABARIA LANE KOLKATA- 700020.

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3: DOYAPORE TEA AND INDUSTRIES PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT FIRST FLOOR GAJRAJ POINT 209A A.J.C. BOSE ROAD KOLKATA- 700017. REP. BY ONE OF ITS DIRECTORS MR. MOHIT AGARWAL RESIDENT OF 8 IRONSIDE ROAD

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KOLKATA- 700019 VERSUS

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Page No.# 2/4

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THE STATE OF ASSAM AND 7 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, LABOUR WELFARE DEPARTMENT, LABOUR (RC) BRANCH, ASSAM SACHIVALAYA, DISPUR, GUWAHATI - 781006, ASSAM IN THE DIST.OF KAMRUP (METRO), ASSAM.

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2:THE ADDITIONAL CHIEF SECRETARY

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GOVT. OF ASSAM LABOUR WELFARE DEPARTMENT JANATA BHAVAN DISPUR GUWAHATI- 781006 IN THE DIST. OF KAMRUP (METRO) ASSAM.

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3:THE SECRETARY GOVT. OF ASSAM

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LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI - 781006 IN THE DIST. OF KAMRUP (METRO) ASSAM.

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4:THE DEPUTY SECRETARY

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GOVT. OF ASSAM LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI- 781006 IN THE DIST. OF KAMRUP (METRO) ASSAM.

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5:MINIMUM WAGES ADVISORY BOARD

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A BOARD CONSTITUTED BY NOTIFICATION DATED 15.09.2017 UNDER THE PROVISIONS OF SECTION 7 OF THE MINIMUM WAGES ACT 1948 REP. BY ITS CHAIRMAN DISPUR GUWAHATI - 781006 IN THE DIST. OF KAMRUP (M) ASSAM.

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6:THE LABOUR COMMISSIONER

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Page No.# 3/4

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ASSAM HAVING ITS OFFICE AT GOPINATH NAGAR GUWAHATI-781016 IN THE DIST. OF KAMRUP (METRO) ASSAM.

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7:THE LABOUR INSPECTOR

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HAILAKANDI HAVING ITS OFFICE HEAD POST OFFICE P.O. AND P.S. HAILAKANDI IN THE DIST. OF HAILAKANDI ASSAM PIN - 788151.

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8:BARAK CHAH SRAMIK UNION

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A REGISTERED TRADE UNION HAVING ITS REGISTERED OFFICE AT SADARGHAT ROAD

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SILCHAR IN THE DIST. OF CACHAR ASSAM PIN - 788101

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Advocate for the Petitioner : MR. P K GOSWAMI

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE K. SEMA

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ORDER

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Date : 07-04-2022

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Ms. N. Upadhyay, learned counsel for the petitioners submit that in view of the notification dated 05.06.2021 passed by the Principal Secretary to the Government of Assam, Labour Welfare Department, the writ petition has become infractuous.

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Mr. D. Doley, learned Government Advocate appears for the respondents No. 1 to 7.

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The relevant portion of the notification dated 05.06.2021 reads as under;

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“ In the said meeting all the representatives of the Employers and

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Page No.# 4/4

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Employees unanimously have agreed to the increase of Rs. 38/- per day with retrospective effect from 22^nd February, 2021 as provisional increase pending finalization of minimum wages including interim measure as per provisions laid down under the Minimum Wages Act, 1948. The rate of daily cash wages for the tea garden workers shall be as follows w.e.f. 22^nd February, 2021;-

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Brahmaputra Valley : Rs. 205/- (per day)

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Barak Valley : Rs. 183/- (per day)

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The cash value of wages in kind payable to the workers shall remain the same.

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Further, the exercise undertaken by the Committee constituted vide Notification No. GLR(RC)178/2014/Pt/411 dtd. 26^th May, 2021 shall continue the exercise.”

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In view of the submission made by the learned counsel for the petitioners, the writ petition is disposed of on withdrawal with liberty to file afresh.

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Let the notification dated 05.06.2021 be a part of the record of the case.

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JUDGE

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Comparing Assistant

Dholai Tea Co. Pvt. Ltd. and 2 Ors. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Dholai Tea Co. Pvt. Ltd. and 2 Ors. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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