Page No.# 1/3 GAHC010221712024 2025:GAU-AS:4703-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/137/2025 SACHIN DUTTA S/O LATE BIREN DUTTA R/O RAIDANG KAMARGAON P.O. AND P.S. KAMARGAON DIST. JORHAT ASSAM 785008 VERSUS 1: THE UNION OF INDIA AND 3 ORSREPRESENTED BY ITS SECY. MINISTRY OF COMMERCE AND INDUSTRY UDYAG BHAWAN NEW DELHI 110107 2:TEA RESEARCH ASSOCIATION HAVING ITS REGISTERED OFFICE AT 113 PARK STREET 9TH FLOOR KOLKATA 700016 3:THE DIRECTOR TEA RESEARCH ASSOCIATION TOCKLAL TEA RESEARCH INSTITUTE CINNAMARAJORHAT 785008 4:THE ADMINISTRATIVE CONTROLLER TEA RESEARCH ASSOCIATION TOCKLAI TEA RESEARCH INSTITUTE CINNAMARA JORHAT 785008 For the Appellant(s) : Mr. K.R. Bora, Advocate. For the Respondent(s) : Mrs. P. Barman, Advocate for respondent Nos.2, 3 & 4. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 21.04.2025 (Vijay Bishnoi, CJ) As per the order passed today in the connected interlocutory application, being I.A. (Civil) No.3393/2024, Registry has numbered this writ Page No.# 2/3 appeal today itself. With the consent of the learned counsel appearing for the parties, the matter is heard finally. The learned Single Judge, while allowing the writ petition filed on behalf of the appellant/writ petitioner, has set aside the dismissal order and directed the respondents to reinstate the appellant/writ petitioner. However, the learned Single Judge has clarified that there is no direction towards the payment of back wages and in the event the appellant/writ petitioner makes such a claim, it will be upon the authorities to take appropriate decision in that regard. Pursuant to that, the appellant/writ petitioner moved a representation and thereafter the respondents had reinstated the appellant/writ petitioner in the services but denied the benefits of seniority as well as back wages during the period when the appellant/writ petitioner was not in service on account of illegal dismissal. After attempting to argue the matter for quite some time, Mr. K.R. Bora, learned counsel for the appellant/writ petitioner has submitted that he wants to withdraw this writ appeal, however, seeks liberty for the appellant/writ petitioner to challenge the order dated 13.09.2024 passed by the respondents, whereby the back wages and the benefit of seniority has been denied to the appellant/writ petitioner, while availing appropriate remedy available under the law. Mrs. P. Barman, learned counsel appearing for the respondent Nos.2, 3 & 4 has no objection if such liberty is granted. In such circumstances, the writ appeal is dismissed as withdrawn with Page No.# 3/3 liberty to the appellant/writ petitioner, as prayed for. JUDGE CHIEF JUSTICE Comparing Assistant