Krishna Prasad Laskar and 43 Ors. Vs the State of Assam and 5 Ors.

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GAHC010173742024

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2026:GAU-AS:8231

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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)/4567/2024

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KRISHNA PRASAD LASKAR AND 43 ORS S/O LATE TULA RAM LALSKAR R/O VILL- ATI KAMPUR P.O AND P.S - KAMPUR DIST NAGAON (ASSAM) PIN- 782426

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2: DULAL DAS S/O LATE SIBA PRASAD DAS R/O VILL- KAILANPUR P.O AND P.S KAMPUR DIST NAGAON (ASSAM) PIN 782426

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3: DILIP RABI DAS S/O LATE BAKUL RABIDAS R/O BURHAPATIA GAON NEAR SHIV MANDIR P.O AND P.S KAMPUR DIST NAGAON (ASSAM) PIN 782426

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4: PADUM SAIKIA S/O SRI LAKHESHAR SAIKIA R/O VILL- BHALBHALI GAON P.O AND P.S KAMPUR DIST NAGAON (ASSAM) PIN 782426

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5: SMTI FUNU KALITA W/O LATE MOHAN KALITA R/O VILL- BHALBHALI GAON P.O AND P.S KAMPUR DIST NAGAON (ASSAM)

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PIN 782426

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6: SMTI NABAMI DAS W/O LATE SONADHAR DAS R/O VILL AND P.O - DEB NARIKALI P.S KAMPUR DIST NAGAON (ASSAM)

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7: DILIP BORA S/O LATE MOHAN BORA R/O RANGA GARA HUZZ NEAR NAMGHAR RANGAGARAHUZ HUZRANGAGARAH DIST NAGAON (ASSAM) PIN 782002

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8: SANTU SAIKIA S/O LATE RANGAI SAIKIA R/O VILL- MAJAR ATI P.O TATALISHARA P.S KAMPUR DIST NAGAON (ASSAM) PIN 782426

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9: MUKUNDA BORDOLOI S/O LATE SARUKAN BORDOLOI R/O VILL- TEPAR ALI NAMBAR LALUNG GAON KATHIATOLI KAMPUR DIST NAGAON (ASSAM)

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10: RAJANI LASKAR @ RAJANI KR. LASKAR S/O LATE GAMBHIR LASKAR R/O VILL-KUABARIATI P.S KAMPUR DIST NAGAON ASSAM

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11: LALAN PRASAD (A) @ LALAN MALLAH S/O LATE BHAGRASAN PRASAD R/O VILL- MAHUWARI P.O MOHAMADPUR DIST SIWAN (BIHAR) PIN 841438

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12: KANCHAN SAH @ PUNCHAN PRASAD S/O LATE DHANUSH DHARI SAH R/O VILL- AHIRAUL BHAGELDO DIST DEORIA (U.P)

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13: SMTI MUNNI DEVI W/O LATE SWAMI NATH @ SWAMI NATH PRASAD R/O VILL- BHAISAHI MATH

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P.O BANKATA DIST DEORIA (U.P) 274704

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14: SMTI MINA DEVI

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W/O LATE DUDH NATH PRASAD (A) (LIME MAZ) R/O VILL- DARAILA P.S GUTHNE DIST SIWAN (BIHAR) PIN-841239

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15: PARAMANANDA SINGH S/O LATE BINDHYACHAL SINGH R/O VILL- BASDEWA P.O BHORE GOPALGANJ (BIHAR)

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16: BHIMBALI YADAV S/O FULENA R/O BATRAULI CHHITANI PARSIA CHHITANI SINGH DEORIA (U.P) PIN- 274704

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17: BANAMALI BORA S/O BHEDA BORA R/O VILL- MOHGORI ATI KAMPUR DIST NAGAON (ASSAM) PIN 782426

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18: RAMA KANTA YADAV S/O LAKATH R/O BATRAULI CHHATANI SINGH DEORIA (U.P) 274704

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19: SMTI NIRALA BORA W/O LATE MOHENDRA BORA R/O VILLAGE- BHOLBHALI GAON P.O AND P.S KAMPUR DISTRICT NAGAON (ASSAM) PIN 782426

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20: AYASHA KHATUN W/O MD. YUNIS R/O VILL- SUNDARPAR GAWAL SUNDARPAR RATSIA DEORIA (U.P) PIN- 274703

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21: SATYA DEV P. SAHANI @ SATYA DEO PRASAD SAH R/O VILL- BARHEYA (HATHWA) P.S BARHEYA DIST GOPALGANJ (BIHAR) PIN 841436

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22: MADAN SARMAH S/O LATE RAMANAND R/O VILL- GOSAIPATTI GAURI EBRAHIM KUSHINAGAR (U.P) PIN- 274406

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23: CIPUZAN YADAV (CHOUDHURY) S/O LATE SHIVRATAN CHOUDHUURY R/O VILL- UCHAKAGAR BRITITOLA UCHAGAGAR GOPLGANJ (BIHAR) PIN 841501

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24: BHOLA CHOUDHURY S/O LATE KAILASH R/O VILL- GOSAIPATTI GAURI EBRAHIM KUSHINAGAR (U.P) PIN- 274406

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25: BHEEM KUMAR S/O LATE JITEN PRASAD R/O VILL- BENIPUR P.O PIPARA RAM DHAR DEORIA (U.P) PIN- 274509

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26: SMTI ARTI DEVI W/O LATE HARI KRISHORE PRASAD @ HARI KRISHNA PRASAD R/O VILL- GOSAIPATTI GAURI EBRAHIM KUSHINAGAR (U.P) PIN- 274406

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27: RAM CH. PRASAD C/O TRIVENI PRASAD R/O VILLDHANAUTIRAY P.O PIPARA RANDHAR DEORIA (U.P) PIN 274509

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28: TUFANI PRASAD S/O LATE RAMDAS R/O VILL- CHAKRA BODHA DEORIA (U.P) PIN-274604

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29: GUMANI RAJAN @ GUMANI BAITHA S/O RAGHU BAITHA R/O VILL- PAHARPUR CHHANGUR P.O AND P.S KUCHAIKOTE DIST GOPALGANJ (BIHAR) PIN- 841501

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30: NUR AHMED @ NOOR MOHAMAD

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S/O LATE FARID MIYA R/O DOMATH TARYA SUJAN KUSHINAGAR TAMKUHI RAJ (U.P) PIN 274409

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31: JAGENDRA THAKUR S/O (L) RAMESWAR THAKUR R/O LAKHNA KHAS JAGARNATH UCHKAGAON GOPALGAN (BIHAR) PIN 841438

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32: SMTI PRABHAWATI DEVI W/O LATE RAM JOSH CHOUDHURY R/O GOSAIPATTI CHAKHANI DUKHI MISHRA KUSHINAGAR (U.P) PIN 274406

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33: RAMESHWAR PRASAD S/O LATE SUBA PRASAD R/O VILL- BAIKUNTHPUR RAMPUR PRAKAPPUR DEORIA (U.P) PIN- 274703 34: SMTI AMLAVATI DEVI W/O LATE LALAN PRASAD (B) R/O VILL- BENIPUR P.O PIPARA RAM DHAR DIST DEORIA (U.P) PIN 274509

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35: PUTUL SAIKIA S/O RAMESH SAIKIA R/O VILL- NO. 1 FAKALI P.S KAMPUR DIST NAGAON (ASSAM)

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36: ISRAIL ANSARI S/O SULTAN R/O VILLAGE- CHHAPARA BAJURG THAKURPUR DIST DEORIA (U.P) PIN 274703

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37: SIPUZAN SINGH @ SHIVPUJAN SINGH S/O LATE THAG SINGH R/O VILL-FAGU CHHAPRA KUSHINAGAR UTTAR PRADESH-274409

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38: SMTI SUDAMIYA DEVI W/O LATE RAM BALI PRASAD

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R/O VILL-BAIRAGPUR KHAP BANKAT SIWAN SAHPUR BIHAR-841243

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39: SURESH KUMAR S/O BINDHYACHAL PRASAD R/O VILL- CHHAPARA BUJURH (THAKURPUR) P.O PRATAPPUR DIST DEORIA (U.P) PIN 274703.

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40: SRI AMARJEET CHAUHAN S/O LATE SWAMINATH CHAUHAN R/O VILL- PARASHIYA CHHITANI SINGH DEORIA (U.P) PIN 274704

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41: AJIT DAS @ RANJIT DAS S/O LATE UMA DAS R/O VILL- KEKURIBARI KALAIKHOWA P.O TETELISARA P.S KAMPUR DIST NAGAON (ASSAM) PIN-782426

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42: SMTI LUKU MONI DAS W/O LATE JEW RAM DAS @ JATIN DAS R/O VILL- KAKURIBARI P.O TETELISARA P.S KAMPUR DIST NAGAON (ASSAM)

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43: SRI JAGADISH RAM @ JAGADISH HARIJAN S/O LATE INDRASHAN RAM R/O VILL- KHAP BANKAT P.S NAUTAN P.O SAHPUR DIST SIWAN (BIHAR) PIN 841243

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44: SRI DINESH SAH S/O NATHUNI SAH R/O VILL- NARAYANPUR SHAHPUR DIST- SIWAN BIHAR PIN 84124

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006.

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI-781006.

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3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC ENTERPRISES DEPARTMENT DISPUR GUWAHATI-781006.

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4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006.

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5:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM GOVT. OF ASSAM KHANAPARA GUWAHATI-781022 6:THE LIQUIDATOR NOWGONG CO-OPERATIVE SUGAR MILL LTD. KAMPUR NAGAON ASSA

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Advocate for the Petitioner : MR S DEKA, MS. C TALUKDAR

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Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, CO OP

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 10.06.2026

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Heard Mr. S. Deka, learned counsel, appearing for the petitioner Also

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heard Ms. D. Das Barman, appearing for the respondent nos.1 and 3; Mr. G. Bordoloi, learned counsel, appearing for the respondent nos.2, 5 and 6; and Mr. R. Borpujari, Finance Department, appearing for the respondent no.4.

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2. The petitioner by instituting the present petition has prayed for a direction upon the respondent authorities to pay to the petitioners their Voluntary Retirement benefits on closure of Nagaon Sugar Mill Ltd. by reckoning the notification dated 15.02.2006, issued by the Government of

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Assam, in the Department of Public Enterprises.

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3. As agreed to by the learned counsel for the parties, the present writ petition was taken up for final consideration and is being disposed of by the present order.

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4. The petitioners in the writ petition have projected that they were engaged as a seasonal employees in the Nagaon Co-operative Sugar Mill. It is submitted that during the season, the petitioners were paid their salaries and during the off season they were given a retaining allowances. It is projected that the said Mill had continued with its production till the year 2001 – 2002 and after 2002, for various reason, the production was stopped in the Mill. The petitioners submits that after the closure of the said Mill, they were without any means of sustenance. The petitioner also contends that many of them were native of other States and accordingly, on account of closure of the Mill and finding it difficult to sustain themselves, such petitioners had moved to their respective native villages situated in other States. It is also projected that some of the petitioners who are residents in the State of Assam had left the State in search of better avenues of employment in other States. Accordingly, they were not in a position to follow up the matter pertaining to release of their Voluntary Retirement dues. It is also projected that similarly situated persons working in the Mill have already been released their respective dues by the respondent no.6. The petitioners further project that being aggrieved by the non-release of their respective dues, the

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petitioners had submitted a representation dated 06.02.2023, before the Principal Secretary Government of Assam, Co-operation Department, praying for settlement of their dues. It is submitted that the settlement of their dues have not occasioned even till the present date.

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5. Mr. G. Bordoloi, learned counsel, appearing for the respondent nos.2, 5 and 6, on instruction have submitted that the processing with regard to finalization of the dues receivable by the petitioners would be completed within a period of 02 (two) months and thereafter, the dues as working out in respect of each of the petitioners would be released to them within a further period of 01 (one) month. He submits that to facilitate an early resolution of the problem, the petitioners are required to submit necessary documents at their disposal to the Liquidator.

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6. Mr. S. Deka, learned counsel, appearing for the petitioner, has submitted that the submissions made by Mr. G. Bordoloi, learned Standing Counsel, Co-operation Department, is acceptable to the petitioners.

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7. In view of the agreement arrived at, by and between the parties in the matter, this Courts directs the petitioners to appear before the Liquidator within a period of 02 (two) weeks from today. The Liquidator, on the petitioners appearing before him, shall inform the petitioners about the documents requisite to be furnish by them in the matter. The petitioners shall, thereafter, furnish the said documents within a further period of 02 (two) weeks. Thereafter, the Liquidator shall process the matter and finalise

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the dues receivable by the each of the petitioners. On such finalization of the dues receivable by each of the petitioners, the liquidator shall transfer the amount involved to the petitioners in the Bank accounts of the petitioners, that they would now furnish on appearing before the Liquidator in terms of the directions passed, hereinabove.

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8. The petitioners as well as the Liquidator is directed to strictly comply with the timeline as prescribed, hereinabove, by this Court.

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9. With the above observations and directions, the present writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Krishna Prasad Laskar and 43 Ors. v. the State of Assam and 5 Ors.

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Krishna Prasad Laskar and 43 Ors. v. the State of Assam and 5 Ors.

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