Page No.# 1/3 GAHC010170102021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5656/2021 SARAT CH SAIKIA S/O- LT. GOJENDRA SAIKIA, R/O- KAKAJ NAGAR, TEGHERIA, IN THE DIST. OF MORIGAON, ASSAM, PIN- 782413 VERSUS THE UNION OF INDIA AND 3 ORS MINISTRY OF LABOUR AND EMPLOYMENT DEPTT., SHARM SHAKTI BHAWAN, NEW DELHI- 110001 2:REGIONAL LABOUR COMMISSIONER (CENTRAL) KENDRIYA SHRAM SADAN R.K. MISSION ROAD BIRUBARI GHY-16 3:HINDUSTAN PAPER CORPORATION LTD. NAGAON PAPER MILL REP. BY ITS LIQUIDATOR 46 B.B. GANGULY STREET 5TH FLOOR UNIT NO. 501 KOLKATA- 700012 4:M/S SILVER CAT PVT. INVESTIGATION SECURITY SERVICE HPCL CONTRACTOR KAMAKHAYA TEMPLE ROAD GHY-0 Advocate for the Petitioner : MR. S CHAKRABORTY, Page No.# 2/3 Advocate for the Respondent : ASSTT.S.G.I., MS P SAIKIA (r-3),MR P CHOUDHURY (r-3) BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 22.04.2025 1. Heard Mr. S. Chakraborty, learned counsel for the petitioner and Mr. R. K. Dev Choudhury, learned Assistant Solicitor General of India assisted by Ms. A. Gayan, learned CGC appearing for the Union of India. Also heard Mr. P. Choudhury, learned Standing counsel, Hindustan Paper Corporation Limited (HPCL) for the respondent No.3. 2. The petitioner was working as a Security Guard through a Contractor i.e., the respondent No.4 in Nagaon Paper Mill, District-Morigaon. The case of the petitioner is that the respondent No.4 failed to pay him the wages for the period from 23.03.2019 to 25.07.2019. 3. The petitioner raised a claim being CLAIM APPLICATION No. GR 72020 before the authority under the Minimum Wages Act, 1948 and Regional Labour Commissioner (Central) Guwahati, i.e., respondent No.2. However, by the impugned order dated 27.01.2021, the authority under the Minimum Wages Act, 1948 & Regional Labour Commissioner (Central) Guwahati, rejected the claim of the petitioner holding that HPCL, Kakaj Nagar, Jagiroad, District-Morigaon, respondent No.3, does not fall under Section 2(b)(i) of the Minimum Wages Act, 1948, rather it falls under Section 2(b)(ii) of the aforesaid Act and consequently, it was held that the Central Government is not the appropriate government in respect of said HPCL under the aforesaid Act. 4. Being aggrieved, the present petition is filed. 5. Mr. Chakraborty, learned counsel for the petitioner submits that the respondent No. Page No.# 3/3 3 was a company controlled under the Union of India. Therefore, under Section 2(b)(i) of the Minimum Wages Act, 1948, the Regional Labour Commissioner (Central) Guwahati is the appropriate authority to adjudicate the claim of the petitioner. 6. In the meantime, HPCL, Kakaj Nagar, Jagiroad, district-Morigaon went on liquidation. Accordingly, the liquidator has filed an affidavit in the present petition. A specific stand of the liquidator is that HPCL was a Government of India Enterprise having two manufacturing units at Nagaon Paper Mill and Cachar Paper Mill. The Hindustan Newsprint Ltd. in the State of Kerala, Nagaland Pulp and Paper Company Ltd. in the State of Nagaland and Jagdishpur Paper Mills Ltd. in the State of Uttar Pradesh are the subsidiaries of HPCL. From the aforesaid stand, it is clear that HPCL, Nagaon Paper Mill, respondent No. 3, is a Central Government Enterprise. 7. In view of the aforesaid, the Regional Labour Commissioner (Central) Guwahati, shall have jurisdiction. Accordingly, this writ petition stands allowed by setting aside the impugned order dated 27.01.2021 as recorded hereinabove and the matter is remanded back to the Regional Labour Commissioner (Central) Guwahati to decide the claim of the petitioner afresh following due procedure of law and without being influenced by any observation made in this order. JUDGE Comparing Assistant