The Gauhati High Court dismissed two linked writ petitions filed by the Assam Financial Corporation. The petitioners withdrew the proceedings, and the court allowed the withdrawal, thereby dismissing the petitions without further adjudication on merits.
Both writ petitions stood dismissed on withdrawal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010007912016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/644/2016
ASSAM FINANCIAL COPORATION
VITTIYA BHAWAN, MD. SHAH ROAD, PALTANBAZAR, GHY.-08, DIST. KAMRUP REP. BY ITS MANAGER LEGAL.
VERSUS
THE UNION OF INDIA and 5 ORS
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF LABOUR and EMPLOYMENT, SHRAM BHAWAN, NEW DELHI.
2:THE CONTROLLING AUTHORITY
UNDER THE PAYMENT OF GRATUITY ACT AND ASSTT. LABOUR COMMISSIONER CENTRAL KENDRIYA SHRAM SADAN R.K. MISSION ROAD GOPINATH NAGAR GHY.-781016.
3:SRI RUBUL PHUKAN
S/O. LT. RADHA GOVINDA PHUKAN R/O. GARIASHI REGD. SOCIETY HOUSE NO.7 LAKHIMI PATH ZOO ROAD GHY.-781024 DIST. KAMRUP M.
4:L.I.C. OF INDIA
GHY. DIVISIONAL OFFICE JEEVAN PRAKASH FANCY BAZAR
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GHY.-781001.
5:THE STATE OF ASSAM REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY.-06. 6:THE SECRETARY THE GOVT. OF ASSAM PUBLIC ENTERPRISES DEPTT. DISPUR GHY.-06
Advocate for the Petitioner : MR.L P SHARMA
Advocate for the Respondent : SC, FINANCE
Linked Case : WP(C)/1215/2016
ASSAM FINANCIAL CORPORATION VITTIYA BHAWAN MD. SHAH ROAD PALTANBAZAR GHY-8 DIST- KAMRUP REP. BY ITS MANAGER LEGAL VERSUS THE UNION OF INDIA and 5 ORS REP. BY THE SECY. TO THE GOVT. OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT SHRAM BHAWAN NEW DELHI 2:THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND ASSTT.LABOUR COMMISSIONER CENTRAL KENDRIYA SHRAM SADAN R.K. MISSION ROAD GOPINATH NAGAR GHY-16 3:DHRUBA JYOTI DAS
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S/O LT. BHOLA RAM DAS H/NO.3 H.M. DAS ROAD REHABARI GHY-8 DIST- KAMRUP METRO 4:LIFE INSURANCE CORPORATION OF INDIA GUWAHATI DIVISIONAL OFFICE JEEVAN PRAKASH FANCY BAZAR GHY-1 5:THE STATE OF ASSAM REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6 6:SECY. TO THE GOVT. OF ASSAM PUBLCI ENTERPRISES DEPARTMENT DISPUR GHY-6 -----------Advocate for : MR.R THAKURIA Advocate for : MR.D BARUAHR-4 appearing for THE UNION OF INDIA and 5 ORS Linked Case : I.A.(Civil)/2046/2020
ASSAM FINANCIAL COPORATION VITTIYA BHAWAN MD. SHAH ROAD PALTANBAZAR GHY.-08 DIST. KAMRUP REP. BY ITS MANAGER (LEGAL) VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE GOVT. OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT SHRAM BHAWAN NEW DELHI. 2:THE CONTROLLING AUTHORITY
UNDER THE PAYMENT OF GRATUITY ACT AND ASSTT. LABOUR COMMISSIONER CENTRAL KENDRIYA SHRAM SADAN R.K. MISSION ROAD
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GOPINATH NAGAR GHY.-781016. 3:SRI RUBUL PHUKAN S/O. LT. RADHA GOVINDA PHUKAN R/O. GARIASHI REGD. SOCIETY HOUSE NO.7 LAKHIMI PATH ZOO ROAD GHY.-781024 DIST. KAMRUP M. 4:L.I.C. OF INDIA GHY. DIVISIONAL OFFICE JEEVAN PRAKASH FANCY BAZAR GHY.-781001. 5:THE STATE OF ASSAM REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY.-06. 6:THE SECRETARY THE GOVT. OF ASSAM PUBLIC ENTERPRISES DEPTT. DISPUR GHY.-06. -----------Advocate for : MR.L P SHARMA Advocate for : MRS. A GAYAN appearing for THE UNION OF INDIA AND 5 ORS.
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
07.04.2022
Heard Mr. S. Bora, the learned counsel for the petitioner and Mr. N. C. Das, the learned senior counsel assisted by Mr. A. Sahad, the learned counsel appearing on behalf of the private respondent. I have also heard Ms. A. Gayan, the learned counsel appearing on behalf of the respondent
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Nos. 1 & 2; Mr. S. Baruah, the learned counsel appearing on behalf of the respondent No. 4 as well as Mr. R. Borpujari, the learned Standing Counsel appearing on behalf of the Finance Department.
Mr. S. Bora, the learned counsel for the petitioner submits that he does not want to press both the writ petitions.
Accordingly, both the writ petitions stand dismissed on withdrawal.
JUDGE
Comparing Assistant
ASSAM FINANCIAL CORPORATION
THE UNION OF INDIA
THE STATE OF ASSAM
L.I.C. OF INDIA
SRI RUBUL PHUKAN
THE SECRETARY THE GOVT. OF ASSAM PUBLIC ENTERPRISES DEPTT.
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
