Page No.# 1/4 GAHC010270722025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3981/2025 THE MANGEMENT OF BATA INDIA LTD HAVING ITS CORPORATE OFFICE AT 418/02, BATA HOUSE, MG ROAD, SECTOR 17, GURGAON, HARYANA- 122001 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE SRI HITESWAR ROY, AREA SALES MANAGER, NE REGION, BATA INDIA LTD. VERSUS SRI HRIDAYANANDA PHUKAN AND ANR S/O- LATE BAPU RAM PHUKAN, R/O- VILL- SALAL GAON, P.S- LAKHIMPUR, P.O- PANIGAON, DIST- LAKHIMPUR, ASSAM, EX EMPLOYEE, M/S BATA SHOP NORTH LAKHIMPUR 2:PRESIDING OFFICER LABOUR COURT ASSAM PANBAZAR GUWAHATI- 781001 DIST- KAMRUPM ASSA Advocate for the Petitioner : MR. T R SARMA, MR. A K ROY Advocate for the Respondent : MR. P P DUTTA (R-1), MS P SARMA (R-1),MS. P P DAS (R-1) Linked Case : WP(C)/2274/2017 THE MANAGEMENT OF BATA INDIA LTD Page No.# 2/4 HAVING ITS CORPORATE OFFICE AT 418/02 BATA HOUSE MG ROAD SECTOR 17 GURGAON HARYANA- 122001 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. DIPANKAR ROY DISTRICT MANAGER VERSUS HRIDAYANANDA PHUKAN and ANR. S/O- LATE BAPU RAM PHUKAN R/O- VILL- SALAL GAON P.S- LAKHIMPUR P.O- PANIGAON DIST- LAKHIMPUR ASSAM EX EMPLOYEE M/S BATA SHOP NORTH LAKHIMPUR 2:PRESIDING OFFICER LABOUR COURT ASSAM PANBAZAR GUWAHATI- 781001 DIST- KAMRUPM ASSAM ------------ Advocate for : MR.T ROY Advocate for : MR.A BHATTACHARYYAR-1 appearing for HRIDAYANANDA PHUKAN and ANR. Linked Case : MC/54/2025 THE MANAGEMENT OF BATA INDIA LTD HAVING ITS CORPORATE OFFICE AT 418/02 BATA HOUSE MG ROAD SECTOR 17 GURGAON HARYANA- 122001 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE SRI HITESWAR ROY AREA SALES MANAGER NE REGION Page No.# 3/4 BATA INDIA LTD. VERSUS SRI HRIDAYANANDA PHUKAN AND ANR S/O- LATE BAPU RAM PHUKAN R/O- VILL- SALAL GAON P.S- LAKHIMPUR P.O- PANIGAON DIST- LAKHIMPUR ASSAM EX EMPLOYEE M/S BATA SHOP NORTH LAKHIMPUR 2:PRESIDING OFFICER LABOUR COURT ASSAM PANBAZAR GUWAHATI- 781001 DIST- KAMRUPM ASSAM ------------ Advocate for : MR. T R SARMA Advocate for : appearing for SRI HRIDAYANANDA PHUKAN AND ANR BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 19.01.2026 Heard Shri T.R. Sarma, learned counsel for the applicant, who by means of this application has prayed for condonation of delay of 61 days in filing the connected Misc Case for restoration of WP(C)/2274/2017. Shri Sarma, the learned counsel has submitted that the restoration application was indeed filed within the prescribed period of time which however was done as an I.A. The same was however not accepted by the Filing Section and subsequently, the Misc Case had to be filed and in the process there has Page No.# 4/4 been a delay of 61 days. He submits that the delay is not at all intentional and there is no negligence. Shri P.P. Dutta, learned counsel for the respondent no. 1 has submitted that he would not have serious objection in the aspect of condonation of delay under the facts and circumstances of the case. In view of the above, the delay in filing MC/54/2025 connected to WP(C)/2274/2017 is condoned. I.A. stands allowed. Let the MC/54/2025 be listed on 20.02.2026. Since the writ petition is pending since the year 2017 and this Court has also been apprised that there is no full compliance of Section 17B of the Industrial Disputes Act, 1947, Shri Sarma, the learned counsel is directed to obtain necessary instructions in this regard. This Court would also make an endeavour for an early disposal of the writ petition after passing appropriate orders in the Misc Case. JUDGE Comparing Assistant