Page No.# 1/5 GAHC010202432016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1102/2016 OIL INDIA LIMITED HAVING ITS REGD. OFFICE AT DULIAJAN, DIST. DIBRUGARH, ASSAM, REP. BY ITS GENERAL MANAGER PLS, P.O. UDAYAN VIHAR, NARENGI, GHY.- 781171. VERSUS THE UNION OF INDIA and 4 ORS THROUGH THE MINISTRY OF LABOUR AND EMPLOYMENT, REP. BY ITS SECY., NEW DELHI. 2:SRI NAGENDRA BARMAN S/O. LT. HARENDRA BARMAN R/O. BONDA P.O. BONDA DIST. KAMRUP M GHY.781026. 3:MR. S BARUA CONTRACTOR AND APPROVED ORDER SUPPLIER OF OIL INDIA LTD. A.T. ROAD GHY.-781001. 4:THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972-CUM-ASSTT. LABOUR COMMISSIONER CENTRAL KENDRIYA SHRAM SADAN RAM KRISHNA MISSION ROAD BIRUBARI GHY.-16. Page No.# 2/5 5:THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972-CUM-DEPUTY CHIEF LABOUR COMMISSIONER CENTRAL KENDRIYA SHRAM SADAN RAM KRISHNA MISSION ROAD BIRUBARI GHY.-16 Advocate for the Petitioner : MR. S CHOUDHURY, MR. A JAHID,MR. A SARMA,MR. K KALITA,MR. S N SARMA Advocate for the Respondent : MR. R SARKAR (FOR CAVEATOR), C.G.C.,ASSTT.S.G.I.,MR. D C BORAH (R1, R4, R5),MS. S CHAKRABORTY (FOR CAVEATOR),MR. P DEKA (R3),MR. A CHETIA (R3),MR. R HAQUE (R3) Linked Case : I.A.(Civil)/1980/2025 OIL INDIA LIMITED HAVING ITS REGD. OFFICE AT DULIAJAN DIST. DIBRUGARH ASSAM REP. BY ITS REP. BY ITS RESIDENT CHIEF EXECUTIVE PIN-786602 VERSUS THE UNION OF INDIA THROUGH THE MINISTRY OF LABOUR AND EMPLOYMENT REP. BY ITS SECY. NEW DELHI. 2:ON THE DEATH OF S/O. LT. HARENDRA BARMAN HIS LEGAL HEIRS NAMELY- a)SATYABATI BARMAN b) KRISHNA BARMAN c)GANESH BARMAN d) BIRENDRA BARMAN Page No.# 3/5 ALL ARE R/O- BONDA COLONY NARENGI P.S- NOONMATI P.O. BONDA DIST. KAMRUP M GHY.781026. R/O. BONDA P.O. BONDA DIST. KAMRUP M GHY.781026. 3:S BARUA CONTRACTOR AND APPROVED ORDER SUPPLIER OF OIL INDIA LTD. A.T. ROAD GHY.-781001. 4:THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972-CUM-ASSTT. LABOUR COMMISSIONER CENTRAL KENDRIYA SHRAM SADAN RAM KRISHNA MISSION ROAD BIRUBARI GHY.-16. 5:THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972-CUM-DEPUTY CHIEF LABOUR COMMISSIONER CENTRAL KENDRIYA SHRAM SADAN RAM KRISHNA MISSION ROAD BIRUBARI GHY.-16. ------------ Advocate for : MS. S NATH Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 20.06.2025 Heard Mr. W Rahman, learned counsel appears on behalf of Mr A Sarma, learned counsel for the applicant. Also heard Mr. P Deka, learned counsel for the respondent No. 3. This interlocutory application has been filed by the applicant seeking substitution of the legal heirs of the respondent No. 2 Late Nagendra Barman in W.P.(C) No. 1102/2016. It is submitted that during the pendency of the writ petition, the respondent No. 2 expired on 04.11.2021. The writ petition is directed against the order dated 04.12.2013 passed by the Controlling Authority- cum-Asstt. Labor Commissioner under the Payment of Gratuity Act as well as the order dated 01.01.2016 passed by the Appellate Authority-cum-Dy. Central Labour Commissioner under the Payment of Gratuity Act whereby the appeal preferred by the petitioner against the order of the Controlling Authority stood dismissed and the order of the Appellate Authority is upheld. It is submitted that the right to sue continues and therefore it is necessary that the respondent No. 2 be permitted to substitute by the legal heirs. Particulars of which are reflected in the Paragraph No. 4 of the Interlocutory Application. Mr. P Deka, learned counsel representing the respondents does not object to the prayer made. Page No.# 5/5 In that view of the matter, the interlocutory application stands allowed. The legal heirs mentioned in Paragraph-4 namely, (i) Smt. Satyabati Barman; (ii) Sri Krishna Barman; (iii) Sri Ganesh Barman and (iv) Sri Birendra Barman are directed to be substituted in place of respondent No. 2 in the writ petition being W.P(C) No. 1102/2016. The applicant is permitted to file amended cause title in the Registry within two weeks from today. Accordingly, the interlocutory application stands disposed of. JUDGE Comparing Assistant