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2025 DAILYLAW 26835 (GAU)

BOKAJAN CEMENT CORPORATION EMPLOYEES UNION v. THE UNION OF INDIA

I.A.(Civil)/2167/2025 · 2025-11-09

Devashis Baruah

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Judgment text

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Page No.# 1/4 GAHC010134492025 2025:GAU-AS:15227 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/31/2025 BOKAJAN CEMENT CORPORATION EMPLOYEES UNION BOKAJAN, P.O. BOKAJAN, DISTRICT KARBI ANGLONG, PIN 782490, BEING REPRESENTED BY ITS GENERAL SECRETARY SHRI PRATAP BORAH, AGED ABOUT 74 YEARS, SON OF LATE PURNA CHANDRA BORA, RESIDENT OF BOARDING ROAD, WARD NO. 6, P.O. AND P.S. SIVASAGAR, DIST SIVASAGAR, ASSAM 785640 VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HEAVY INDUSTRIES, NEW DELHI 2:STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM LABOUR and EMPLOYMENT DISPUR GHY-6 3:THE CEMENT CORPORATION OF INDIA LTD. 87 NEHRU PLACE NEW DELHI-100019 4:GENERAL MANAGER CEMENT CORPORATION OF INDIA LTD. P.O. BOKAJAN DIST- KARBI ANGLONG PIN-782490 5:THE MANAGER P and A CEMENT CORPORATION OF INDIA LTD. Page No.# 2/4 P.O.BOKAJAN DIST- KARBI ANGLONG PIN-782490 6:DEPUTY GENERAL MANAGER P and A CCI LTD. BOKAJAN PIN-78249 Advocate for the Petitioner : MR S R A NASER, S K SARFRAJ KARIM,MR G ALAM,MR S AHMED Advocate for the Respondent : GA, ASSAM, DY.S.G.I.,B SAHA Linked Case : I.A.(Civil)/2167/2025 BOKAJAN CEMENT CORPORATION EMPLOYEES UNION BOKAJAN P.O. BOKAJAN DISTRICT KARBI ANGLONG PIN 782490 BEING REPRESENTED BY ITS GENERAL SECRETARY SHRI PRATAP BORAH AGED ABOUT 74 YEARS SON OF LATE PURNA CHANDRA BORA RESIDENT OF BOARDING ROAD WARD NO. 6 P.O. AND P.S. SIVASAGAR DIST SIVASAGAR ASSAM 785640 VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HEAVY INDUSTRIES NEW DELHI-1 2:STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM LABOUR and EMPLOYMENT DISPUR GHY-6 3:THE CEMENT CORPORATION OF INDIA LTD. 87 NEHRU PLACE Page No.# 3/4 NEW DELHI-100019 4:GENERAL MANAGER CEMENT CORPORATION OF INDIA LTD. P.O. BOKAJAN DIST- KARBI ANGLONG PIN-782490 5:THE MANAGER P and A CEMENT CORPORATION OF INDIA LTD. P.O.BOKAJAN DIST- KARBI ANGLONG PIN-782490 6:DEPUTY GENERAL MANAGER P and A CCI LTD. BOKAJAN PIN-782490 ------------ Advocate for the applicant(s): Mr. SKG Karim Advocate for the respondent(s): Mr. J Roy, Senior Advocate Mr. BP Sarmah B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 10.11.2025 Both the applications are taken up together for disposal taking into account that one is an application for condoning the delay in filing the restoration application and the other application has been filed for restoration of the accompanying writ petition being WP(C)No.7614/2017. Page No.# 4/4 2. The grounds and reasons stated in both the applications are one and the same inasmuch as, the applicant Employees’ Union were not apprised about the dismissal of the case on account of the death of the engaged counsel, Late LP Sharma, who was actually conducting the matter. 3. Taking into account the reasons so assigned in both the applications, this Court does not find there to be any delay or laches on the part of the applicants and further the grounds and reasons are good grounds for restoring the accompanying writ petition being WP(C)No.7614/2017. 4. Accordingly, the accompanying writ petition being WP(C)No.7614/2017 is restored to the file. 5. Before parting with the records, this Court, however, observes that the contention so made by the learned Senior Counsel appearing on behalf of the Cement Corporation of India in respect to the locus of the applicants as of now to continue to agitate the grievances of the workmen shall be considered at the time of hearing of the accompanying writ petition. 6. Both the Interlocutory applications, accordingly stand disposed of. JUDGE Comparing Assistant