MANAGEMENT, DOOMNI TEA ESTATE v. MOHAN GOPE and ANR.
WP(C)/5373/2017 · 2025-08-27
Kardak Ete
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 21766 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21766 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010265602017
2025:GAU-AS:11510
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5373/2017 MANAGEMENT, DOOMNI TEA ESTATE OWNED BY SUBLIME AGRO LTD., HAVING REGD. and HEAD OFFICE AT LORDS, 2ND FLOOR, 7/1, LORD SINHA ROAD, ROOM NO.201-201, KOLKATA-700071 HAVING ITS TEA ESTATE AT DOOMNI, P.O. DOOMNI- 781373, DIST. BAKSA BTAD, ASSAM. VERSUS MOHAN GOPE and ANR.
WORKMAN, DOOMNI TEA ESTATE, DOOMNI, P.O. DOOMNI-781373, DIST.
BAKSA BTAD, ASSAM AND R/O. NAOPUTA, P.O. DOOMNI, DIST. BAKSA, ASSAM.
2:THE PRESIDING OFFICER LABOUR COURT KAMRUP GUWAHATI DIST. KAMRUP M ASSAM Advocate for the Petitioner : MRA UPADHYAY, MR.B NATH,MR.N SHARMA Advocate for the Respondent : FOR CAVEATOR, MR.N BARUAH,MR.S DAS
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE
ORDER Date : 28.08.2025
Heard Mr. N. Sharma, learned counsel for the petitioner. Also heard Mr. S. Das, learned counsel for the respondent No. 1.
2. This writ petition has been preferred by the petitioner, namely, Management, Doomni Tea Estate, assailing the Award dated 22.05.2017, passed by the learned Labour Court, Guwahati, Assam in Reference Case No. 2 of 2016, whereby the dismissal of the respondent No. 1 as workman has been interfered with and a direction was issued for payment of back wages from the date of dismissal till reinstatement.
3. This Court vide order dated 12.09.2017, while issuing notice, has suspended the Award dated 22.05.2017, subject to compliance of the provision of Section 17B of the Industrial Disputes Act, 1947 and making payment of 30% of the back wages to the workman.
4. After arguing the matter at some length, the learned counsel for the parties have submitted that on instructions, parties may be allowed to settle the matter in terms of the Minutes of Meeting held on 21.07.2021 between the petitioner and the respondent No. 1, namely, Shri Mohan Gope, in the presence of Labour Officer, Kokrajhar.
5. Having considered that the parties have mutually agreed to settle the matter as per the Minutes of Meeting, without going into the merit of the matter, I am of the considered view that for the best interest of the parties, it would be appropriate to close this writ petition.
Page No.# 3/4
6. The Minutes of the Meeting relied upon by the parties is reproduced hereinbelow for ready reference:
“Minutes of the meeting held between the Management of Doomni Tea Estate and their Workman Shri Mohan Gope in presence of the Shri Bichitra Kumar Sharma, Labour Officer, Kokdrajhar (i/c) on 21.07.2021, in the Office Chamber of the Manager, Doomni TE. Members Present:
1. Labour Officer, Kokrajhar (i/c)
2. B.S. Sekhon, Manager, Doomni TE
3. Thomas Toppo, Welfare Officer, Doomni TE
4. Mohan Gope, Workman, Doomni TE The matter related to the case no. WP(C)/5373/2017 pending in the Guwahati High court was not touched upon by the members. However, after a thorough and peaceful
discussion the following points were agreed upon unanimously by both the management and the workman.
1. Pending Ration and tea leaves will be paid from 1st August, 2020 to 31st July, 2021 in periodic installments keeping in view the available ration of the workers (Approx 360 kg rice and 18 kg tea leaves pending)
2. Replacement as a daily rated worker in Factory (preferably) will be provided to his son (Anuj Gope) after his retirement.
3. Pending Ta bills amounting to Rs. 10,000 approx will be paid at the time of payment of gratuity.
4. Gratuity will be paid on or before 15th September, 2021 and he will vacate the Staff quarter immediately after getting gratuity amount.
5. Retirement age of 58 years is accepted by the workman as 60 years is not as per norms. The meeting ended with a vote of thanks by the Management. Sd/- Sd/- Sd/- Manager, Doomni TE Labour Officer, Workman(Mohan Gope)” Kokrajhar (i/c)
7. In view of above and as agreed to by the parties, it is provided that the petitioner, i.e. Management, Doomni Tea Estate, shall implement the decision as contained in the Minutes of Meeting dated 21.07.2021 within a period of 3 (three) weeks from today, without causing any hardship to the workman. At the
Page No.# 4/4 same time, the respondent No. 1 shall extend his full co-operation to the petitioner/Management for settlement in terms of the said Minutes of Meeting dated 21.07.2021.
8. Consequently, Award dated 22.05.2017 is set aside.
9. Writ petition stands disposed of. Send back the Trial Court Record.
JUDGE Comparing Assistant