Page No.# 1/5 GAHC010203322025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2985/2025 BIDYUT KUMAR DAS S/O LATE BIPIN CHANDRA DAS, REGISTRAR,LABOUR COURT, GUWAHATI D C COURT BUILDING, HENGRABARI, GUWAHATI KAMRUPM ASSAM 781006 VERSUS SMTI POLLY KOCH D/O- LATE PHANIDHAR KOCH, R/O- JAPORIGOG, P.O. AND P.S. DISPUR, DIST. KAMRUP METRO, PIN- 781005. 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 3:THE SECRETARY TO THE GOVT. OF ASSAM LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI-781006 ASSA Advocate for the Petitioner : MRS. R BORAH, Advocate for the Respondent : GA, ASSAM, MR. M GOGOI Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 18.09.2025 Heard Ms. R. Borah, learned counsel appearing for the applicant. Also heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. N. Deka, learned counsel appearing for the respondent and Mr. D. Borah, learned counsel appearing for the official respondents. 2. By way of this interlocutory application, the applicant is seeking vacation/modification of interim order dated 21.07.2025, passed by this court in WP(C) No. 3585/2025. The relevant portion of the order dated 21.07.2025 reads as under: “ 21-07-2025 Heard Mr. MK Choudhury, learned Senior Counsel assisted by Mr. N Deka, learned counsel for the petitioner. Issue Notice, returnable by 4 (four) weeks. Since Mr. D. Bora, learned Junior Government Advocate, Assam appears and accepts notice on behalf of the respondent nos. 1 & 2, notices are waived in respect of the respondent nos. 1 & 2. However, extra copies be served to him within 1 (one) week from today. Steps on the respondent no.3 be taken by registered post with A/D as well as by usual course within 7 (seven) days from today. Service by Dasti is also permitted, provided it is routed through the Registry of this Court. Let the respondent complete their instructions and file necessary affidavit, if so advised in the meantime. List the matter again on 27.08.2025. It is directed that the impugned transfer order dated 20.06.2025 shall not be given effect to till the next date fixed.” Page No.# 3/5 3. Pertinent that the respondent No.1/writ petitioner has assailed the transfer order dated 20.06.2025, in the connected writ petition on the ground that it was issued not in administrative exigencies but only to accommodate the request of the private respondent, without due regard to the petitioner’s personal circumstances. 4. Ms. R. Borah, learned counsel appearing for the applicant, submits that pursuant to the impugned transfer order passed on 20.06.2025, the applicant handed over the charge of the Registrar, Industrial Tribunal, Dibrugarh on 05.07.2025 and accordingly submitted the joining report before the Presiding Officer/ Judge, Labour Court, Guwahati on 07.07.2025, to join the new place of posting in terms of the said transfer order. She further submits that pursuant to the applicant joining his new place of posting, pay slips have also been issued. 5. Mr. M. K. Choudhury, learned senior counsel appearing for the respondent while opposing the prayer for vacation/modification, submits that the impugned transfer order has been purely done on the basis of the request made by the applicant and no element of public interest whatsoever is involved in the impugned transfer. He further submits that though this court while issuing notice in the writ petition had directed the respondents not to take coercive steps against the respondent No.1/writ petitioner pending adjudication of the connected writ petition, by not allowing the respondent no.1/writ petitioner to join his parent place of posting after returning from leave, the respondent state has acted in defiance of the judicial orders passed by this court. It is further submitted that because of the subsisting stay Page No.# 4/5 order, salary disbursement of the respondent No.1/ writ petitioner as well as the applicant have been affected. 5. Mr. D. Borah, learned counsel appearing for the official respondents, has placed the relevant records. From the same it transpires that the respondent No.1/writ petitioner has been serving in the present place for nearly 12 years, and taking into account such long time, the order of transfer was passed. It also appears that immediately after the transfer, the respondent No.1/writ petitioner proceeded on leave without obtaining due approval, leaving the post vacant, where after the applicant was permitted to join. As regards the contention of the respondent No.1/writ petitioner that there was an earlier order of this court directing the respondents not to take any coercive action against him, the record does not disclose the existence of such an order on the relevant date. Pertinent that on that date, i.e, 25.06.2025, it was the learned counsel appearing for the state respondent who had assured that no coercive action will be taken against the writ petitioner till the next date of listing. However, it was on 21.07.2025, when the impugned transfer order was directed in the interim not to be given effect till the next date fixed. It is undisputedly born out from the records that prior to the issuance of the said interim order, the applicant has joined the new place of posting in terms of the said impugned transfer order upon the same being vacant on the account of the respondent No.1/writ petitioner being on leave due approval. It must also be noticed that the office memorandum dated 25.11.2024, relied upon by the state lays down that once a transfer order is issued, the incumbent must join the new place of posting, and Page No.# 5/5 only thereafter, any representation is to be considered. However, since the very legality of the transfer order itself is under challenge before this court and had given the intervening developments that created competent claims over the post in question, this court finds it appropriate, in order to maintain fairness and avoid further complications to direct the status quo as regards the post of Registrar, Labour Court, Guwahati. Accordingly, the interim order dated 21.07.2025 passed by this court in WP(C) No.3585/2015 is modified to the extent that status quo as regards the post of Registrar, Labour Court, Guwahati, shall be maintained until further orders. 9. Accordingly, the interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant