Page No.# 1/3 GAHC010038982025 2025:GAU-AS:16733 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/610/2025 SRI DEBABRATA BOSE, S/O- LATE SUDHINDRA BOSE, PRESENTLY RESIDING AT 42, SHIVALIK HOUSING SOCIETY, WARD NO. 2, ROY AC DASGUPTA ROAD, P.O. AND DIST-DHUBRI, ASSAM, PIN_ 783301 VERSUS M/S MIDMARK INDIA ART LTD, HAVING ITS OFFICE AT FOF, 8-16, B WING, 4TH FLOOR, AFT GUILD HOUSE, PHOENIX MARKET CITY, LBS MARG, KURLA (WEST) MUMBAI- 400070, REPRESENTED BY ITS MANAGING DIRECTOR SRI SUMEET AGGARWAL, S/O_ SHARWAN KUMAR AGARWAL, 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI-6 3:THE LABOUR COMMISSIONER ASSAM GOPINATH NAGAR GUWAHATI-16 4:THE DEPUTY COMMISSIONER KAMRUP (M) HENGRABARI GUWAHATI-3 Page No.# 2/3 For the Applicant(s) : Mr. S. Das, Advocate For the Respondent(s) : Mr. P. K. Garodia, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 02.12.2025 Heard Mr. S. Das, the learned counsel appearing on behalf of the Applicant and Mr. P. K. Garodia, the learned counsel appearing on behalf of the Respondents. 2. This is an application filed under Section 17(B) of the Industrial Disputes Act, 1947. 3. The case of the Applicant herein is that from 05.02.2016, the Applicant is unemployed and under such circumstances, the Applicant has sought for benefits in terms with Section 17(B) of the Industrial Disputes Act, 1947. 4. It is seen that pursuant to the filing of the instant application, a reply has been filed by the Opposite Party in the instant proceedings. In the said reply, it is mentioned that in Clause-11 of the appointment letter dated 10.08.2010 of the Applicant, the age of superannuation have been mentioned as 58 years. It is further mentioned that in the evidence on affidavit filed by the Applicant on 21.11.2022, the Applicant stated that his age was 56 years and under such circumstances, as the Applicant has already crossed 58 years as on date, the question of benefit of Section 17(B) of the Industrial Disputes Act, 1947 does not arise. Page No.# 3/3 5. This Court has heard the learned counsels appearing on behalf of the parties and taking into account the appointment letter dated 10.10.2020 which is Annexure-1 to the reply filed by the Opposite Party and the evidence on affidavit which have been filed by the Applicant before the learned Labour Court, Assam on 21.11.2022 wherein it is mentioned that the applicant is 56 years, the question of passing any direction for payment of the last drawn wages at present cannot be granted. Accordingly, the instant application stands rejected. 6. Be that as it may, taking into account that the Applicant herein who is the Respondent No.4 in the accompanying writ petition, there is a direction for his re-instatement with back wages and at present the issue pertaining to re-instatement does not arise as the Applicant has already crossed the age of superannuation and the only issue is as to whether the Applicant would be entitled to back wages, an early disposal of the accompanying writ petition is the call of the hour. 7. In that view of the matter, this Court fixes the accompanying writ petition on 29.01.2026 for final disposal. JUDGE Comparing Assistant