A writ petition concerning a tea garden labour dispute was closed after a conciliation meeting resolved the issues: work resumed, wages were paid, suspended workers reinstated, and further proceedings to be overseen by the SDO (Civil). Court noted resolutions and ATEPFO letter, closing petition as infructuous.
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GAHC010085482024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2260/2024
RAJESH KUMAR JALAN
S/O- LATE LAKSMI NARAYAN JALAN, R/O- CHITRALEKHA PATH, HOUSE NO. 17, GAYATRIKUNJ, NEAR G.N.R.C. HOSPITAL, SUPERMARKET, P.S. DISPUR, GUWAHATI-711006, DIST. KAMRUP(M), ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF LABOUR WELFARE, DISPUR, GUWAHATI781006.
2:THE LABOUR COMMISSIONER ASSAM SHRAM BHAVAN ULUBARI GHY-781007.
3:THE SECRETARY CUM P.F. COMMISSIONER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION NIDHI BHAVAN BASISTHA LALMATI GUWAHATI-29.
4:THE ADDITIONAL P.F. COMMISSIONER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION NIDHI BHAVAN BASISTHA LALMATI GUWAHATI-29.
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5:THE DISTRICT COMMISSIONER BAKSA ASSAM PIN- 781377.
6:THE SUPERINTENDENT OF POLICE BAKSA ASSAM PIN- 781377.
7:THE LABOUR OFFICER CUM CONCILIATION OFFICER LABOUR WELFARE DEPARTMENT BTC KOKRAJHAR ASSAM PIN- 783370
Advocate for the Petitioner : MR. R B PHOOKAN, MR H K NATH,A J KASHYAP,MR K J HAZARIKA
Advocate for the Respondent : GA, ASSAM, SC, ATEPFO
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
05.08.2024
1 . Heard Mr. H.K. Nath, learned counsel for the petitioner and Mr. D. Saikia, learned Advocate General, Assam along with Mr. P. Nayak, learned counsel for the State respondents.
2 . The counsels for the parties have submitted a Notice dated 03.08.2024 that a Conciliation Meeting has been held in the District Commissioner’s office on 02.08.2024 and certain resolutions were made therein. They also submit that all the wages have been paid to the workers on 03.08.2024.
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3 . The contents of the Notice dated 03.08.2024 regarding the Conciliation Meeting held in the District Commissioner’s Conference Hall is reproduced hereinbelow, as follows :
“NOTICE
It is hereby informed to all concerned that with reference to the Conciliation Meeting held at the District Commissioner’s Conference Hall Baksa on 02/08/24 at 3:00 pm, the following points have been ordered by the District Commissioner, Mushalpur, Baksa to implement with effect from 03/08/24 (AM).
4 . The Notice dated 03.08.2024 is made a part of the record and marked as Annexure-X.
5 . In this regard, Mr. D. Saikia has also submitted the letter dated 05.08.2024 issued by the Recovery Officer, ATEPFO, Guwahati. The same is also made a part of the record and marked as Annexure-Y.
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6 . In view of the submissions made by the counsels for the parties and the Notice dated 03.08.2024 and letter dated 05.08.2024 referred to above, the present writ petition stands closed as infructuous.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the dispute over tea garden workers' wages and suspension could be resolved through conciliation, rendering the writ petition moot?
Rajesh Kumar Jalan
The State of Assam
The Labour Commissioner Assam
The Secretary cum P.F. Commissioner Assam Tea Employees Provident Fund Organisation
The Additional P.F. Commissioner Assam Tea Employees Provident Fund Organisation
The District Commissioner Baksa
MICHAEL ZOTHANKHUMA
As recorded by the court registry
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