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2025 DAILYLAW 19838 (GAU)

ASSAM TEA CORPORATION LIMTIED v. PUNJAB NATIONAL BANK

I.A.(Civil)/3207/2025 · 2025-09-23

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/8 GAHC010217252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3207/2025 In WP(C)/3366/2024 ASSAM TEA CORPORATION LIMTIED REPRESENTED BY TEH MANAGING DIRECTOR A GOVT OF ASSAM UNDERTAKING, HOUSEFED COMPLEX C-BLOCK DISPUR, GUWAHATI 781006 VERSUS PUNJAB NATIONAL BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT, 1970, HAVING ITS HEAD OFFICE AT PLOT NO. 4, SECTOR-10, DWARKA, NEW DELHI-110075, CARRYING ON BANKING BUSINESS AT DIFFERENT PLACES ALL OVER INDIA AND HAVING ITS LOCAL OFFICE AT PNB LOAN POINT (PLP), BABUPATTY, JORHAT AND UNDER THE SAID OFFICE ALSO A BRANCH AT SIMALUGURI, DIST. SIVASAGAR, ASSAM, THROUGH ITS AUTHORISED PERSON SRI VARUN KUMAR JHA, S/O- SHRI TRIPURA NAND JHA, WORKING IN THE CAPACITY OF CHIEF MANAGER, PUNJAB NATIONAL BANK, CIRCLE SASTRA, JORHAT, ASSAM-785001. 2:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT DISPUR GUWAHATI 6 3:THE DISTRICT COMMISSIONER SIVASAGAR ASSAM PIPN 785069 4:ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY ITS PROVIDENT FUND COMMISSIONER NIDHI BHAWAN LALMATI GUWAHATI DISTRICT KAMRUP METROM ASSAM PIN Page No.# 2/8 781029 5:THE COMMISSIONER LAND SECRETARY GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI 6 6:THE RECOVERY OFFICER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION SIBSAGAR ZONE DN BEZBARUAH ROAD SIVASAGAR ASSAM PIN 785640 7:DENISH KUKURACHOWA SON OF LATE RAMPRASAD KUKURACHOWA VILLAGE BOKOTA KOHAR GAON PATSAKU DISTRICT SIVASAGAR ASSA Advocate for the Petitioner : MR. D SAIKIA, MR. B GOGOI,MR M BHUYAN Advocate for the Respondent : GA, ASSAM, MR. A GANGULY Linked Case : WP(C)/3355/2024 PUNJAB NATIONAL BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT 1970 HAVING ITS HEAD OFFICE AT PLOT NO. 4 SECTOR-10 DWARKA NEW DELHI-110075 CARRYING ON BANKING BUSINESS AT DIFFERENT PLACES ALL OVER INDIA AND HAVING ITS LOCAL OFFICE AT PNB LOAN POINT (PLP) BABUPATTY JORHAT AND UNDER THE SAID OFFICE ALSO A BRANCH AT SIMALUGURI DIST. SIVASAGAR ASSAM THROUGH ITS AUTHORISED PERSON SRI VARUN KUMAR JHA S/O- SHRI TRIPURA NAND JHA WORKING IN THE CAPACITY OF CHIEF MANAGER PUNJAB NATIONAL BANK CIRCLE SASTRA JORHAT ASSAM-785001. Page No.# 3/8 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT GOVT. OF ASSAM DISPUR-781006. 2:ASSAM TEA CORPORATION LTD. REP. BY THE MANAGING DIRECTOR A GOVT. OF ASSAM UNDERTAKING HOUSEFED COMPLEX C BLOCK 7TH FLOOR DISPUR GUWAHATI ASSAM-781006. 3:THE DISTRICT COMMISSIONER SIVASAGAR ASSAM-785640. 4:ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION REP. BY ITS PROVIDENT FUND COMMISSIONER HAVING ITS HEAD OFFICE AT NIDHI BHAWAN LAL MATI GUWAHATI DIST. KAMRUP(M) ASSAM-781029. 5:COMMISSIONER AND SECRETARY GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GHY-781006. 6:THE RECOVERY OFFICER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION SIVASAGAR ZONE DN BEZBARUAH ROAD SIVASAGAR ASSAM PIN- 785640. 7:DENISH KUKURACHOWA S/O- LATE RAMPRASAD KUKURACHOWA Page No.# 4/8 R/O- VILL.- BOKOTA KOHAR GAON PATSAKU DIST. SIVASAGAR ASSAM PIN- 785673. ------------ Advocate for : MR. A GANGULY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/3366/2024 PUNJAB NATIONAL BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT 1970 HAVING ITS HEAD OFFICE AT PLOT NO. 4 SECTOR 10 DWARKA NEW DELHI-110075 CARRYING ON BANKING BUSINESS AT DIFFERENT PLACES ALL OVER INDIA INCLUDING A LOCAL OFFICE AT CIRCLE SASTRA CENTRE JORHAT AND UNDER THE SAID OFFICE ALSO A BRANCH AT SIMALUGURI DIST- SIBSAGAR ASSAM. THROUGH ITS AUTHORISED PERSON VARUN KUMAR JHA AGE-39 YRS S/O- TRIPURA NAND JHA WORKING IN THE CAPACITY OF CHIEF MANAGER PUNJAB NATIONAL BANK CIRCLE SASTRA JORHAT ASSAM PIN-785001 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE PRINCIPAL SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT DISPUR Page No.# 5/8 GUWAHATI-06 ASSAM 2:ASSAM TEA CORPORATION LTD. REP. BY THE MANAGING DIRECTOR A GOVT. OF ASSAM UNDERTAKING HOUSEFED COMPLEX C-BLOCK 7TH FLOOR DISPUR GUWAHATI-781006. 3:THE DISTRICT COMMISSIONER SIVASAGAR ASSAM PIN-785069 4:ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION REP BY ITSL PROVIDEN FUND COMMISSIONER HAVING ITS HEAD OFFICE AT NIDHI BHAWAN LALMATI GUWAHAT DIST. KAMRUP METRO ASSAM PIN 781029 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-06. 6:THE RECOVERY OFFICER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION SIBSAGAR ZONE DN BEZBARUAH ROAD SIVASAGAR ASSAM PIN-785640 7:DENISH KUKURACHOWA S/O- LATE RAMPRASAD KUKURACHOWA R/O- VILLAGE- BOKOTA KOHAR GAON PATSAKU DIST- SIVASAGAR Page No.# 6/8 ASSAM PIN-785673 ------------ Advocate for : MR. A GANGULY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : I.A.(Civil)/3206/2025 In WP(C)/3355/2024 ASSAM TEA CORPORATION LTD REPRESENTED BY TEH MANAGING DIRECTOR A GOVT OF ASSAM UNDERTAKING HOUSEFED COMPLEX C-BLOCK DISPUR GUWAHATI 781006 VERSUS PUNJAB NATIONAL BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT 1970 HAVING ITS HEAD OFFICE AT PLOT NO. 4 SECTOR-10 DWARKA NEW DELHI-110075 CARRYING ON BANKING BUSINESS AT DIFFERENT PLACES ALL OVER INDIA AND HAVING ITS LOCAL OFFICE AT PNB LOAN POINT (PLP) BABUPATTY JORHAT AND UNDER THE SAID OFFICE ALSO A BRANCH AT SIMALUGURI DIST. SIVASAGAR ASSAM THROUGH ITS AUTHORISED PERSON SRI VARUN KUMAR JHA S/O- SHRI TRIPURA NAND JHA WORKING IN THE CAPACITY OF CHIEF MANAGER PUNJAB NATIONAL BANK CIRCLE SASTRA JORHAT ASSAM-785001. 2:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT DISPUR GUWAHATI 6 Page No.# 7/8 3:THE DISTRICT COMMISSIONER SIVASAGAR ASSAM PIPN 785069 4:ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY ITS PROVIDENT FUND COMMISSIONER NIDHI BHAWAN LALMATI GUWAHATI DISTRICT KAMRUP METROM ASSAM PIN 781029 5:THE COMMISSIONER LAND SECRETARY GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI 6 6:THE RECOVERY OFFICER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION SIBSAGAR ZONE DN BEZBARUAH ROAD SIVASAGAR ASSAM PIN 785640 7:DENISH KUKURACHOWA SON OF LATE RAMPRASAD KUKURACHOWA VILLAGE BOKOTA KOHAR GAON PATSAKU DISTRICT SIVASAGAR ASSAM ------------ Advocate for : MR. D SAIKIA Advocate for : GA ASSAM appearing for PUNJAB NATIONAL BANK BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 24-09-2025 Heard Shri D. Saikia, learned Senior Counsel assisted by Shri B. Gogoi, learned counsel for the applicants in these cases. Also heard Shri D. Das, learned Senior Counsel assisted by Shri A. Ganguly, learned counsel for the PNB; Shri N. Patiri, learned counsel appearing for the ATEPFO respondent nos. 4 & 6. Page No.# 8/8 By these applications, directions have been sought for to enable the applicants to pay the bonus. During the course of hearing, reference to the Payment of Bonus Act, 1965 was made including the percentage mentioned. After hearing the matter at some length, Shri Saikia, the learned Senior Counsel for the applicants has submitted that he would not like to press these applications as there are already observations made by this Court that any payments made in the meantime would be subject to the final outcome. In view of the above, the applications are closed on withdrawal. The writ petitions may be listed for admission hearing on 04.11.2025. Shri Patiri, the learned counsel for the ATEPFO has placed before this Court two numbers of calculation sheets pertaining to the two tea gardens, the same are kept with the records. JUDGE Comparing Assistant