Page No.# 1/4 GAHC010000542018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/38/2018 ANAM UDDIN LASKAR AND 4 ORS R/O- VILL- PANGRAM PART-III P.O. PANGRAM, 2: UJJAL PANDEY R/O- VILL- GUNGURBOND P.O. DUMURGHAT 3: PRADIP DEB R/O- VILL- DURGANAGAR PART-V HOSPITAL ROAD P.O. UDARBOND 4: BISWAJIT SEN R/O- VILL- DURGANAGAR PART-V UTTARPARA P.O. UDARBOND 5: GHANASHYAM KURMI R/O- VILL-NAYAGRAM P.O. THALIGRA VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY DEPTT. OF LABOUR, GOVT. OF ASSAM, DISPUR, GUWAHATI 2:THE MANAGEMENT OF CONTRACTOR FIRM M/S RKP MANPOWER SILCHAR ITKHALA P.O. SILCHAR Page No.# 2/4 3:THE MANAGEMENT OF M/S E-SECURE CG FOOD PVT. LTD. DAMORUGHAT P.O. SILCHA Advocate for the Petitioner : MR. K M HALOI, MR. A K DEKA,MR. R SARKAR,MS. R BARMAN Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 03.03.2025 Heard Mr. K.M. Haloi, learned counsel for the petitioner. Also heard Ms. U. Das, learned State Counsel for the respondent No.1. None appears for the respondents No. 2 and 3 despite service of notice. 2. This writ petition has been filed assailing the award dated 25.10.2016, passed by the learned Labour Court, Guwahati in Reference Case No.3/2016, whereby, the reference case has been closed on the ground that the petitioners have not pursued the matter and therefore, not entitled to any relief. 3. The case projected by the petitioners is that they are the workmen of Management Contractor Firm and were employed under principal employer CG Food Private Limited. The petitioners were terminated from the services by the management vide order dated 18.03.2015. Against such termination, the petitioners raised an industrial dispute before the Assistant Labour Commissioner Cum Conciliation Officer, Silchar. On the report, the government referred the dispute before the learned Labour Court at Guwahati for adjudication. 4. On receipt of the said reference, a Reference Case No. 03/2016 was registered and notices were issued to the parties for appearance and filing of written statement. 5. The parties on receipt of notices have sought for an adjournment on several occasions. The Labour Court finally fixed the matter on 25.10.2016, after granting several adjournments to the parties. On the said date, neither the written statement was filed nor parties have appeared. Accordingly, the impugned award was passed closing the reference case on having found that the petitioners have not persued the case, for which, they are not entitled to any relief. Hence, this petition. Page No.# 3/4 6. Mr. K.M. Haloi, learned counsel for the petitioners fairly submits that the petitioners have sought for an adjournment of the reference case, after receipt of notices for appearance and filing of written statement. However, the petitioners failed to appear and file written statement. He submits that although no fault could be attributed to the impugned order dated 25.10.2016, in the interest of justice, the matter may be remanded back to the learned Labour Court, Guwahati for a fresh adjudication considering that the petitioners are workmen. 7. Ms. U. Das, learned Additional Senior Government Advocate for the State respondents submits that she would not have any objection, if the matter is remanded back for fresh adjudication by the learned Labour Court. Therefore, she submits that an appropriate order may be passed as deem fit and proper by this Court. 8. Perusal of the records reveals that the petitioners were issued notice on 27.05.2016, fixing the date on 30.06.2016. A fresh notice was issued on 27.07.2016, fixing the date on 17.08.2016 for filing written statement to the parties. On 27.07.2016, the petitioners appeared before the learned Labour Court, thereafter, on 13.08.2016 and 17.08.2016, on the prayer of the parties, the matter was fixed on 29.08.2016. The matter was again fixed on 08.09.2016. However, the petitioners as well as the respondent/Management have not appeared and contested the case. 9. Thereafter, the matter was finally fixed on 25.10.2016 and the order was passed in view of the fact that the petitioner as well as the management did not appear and persuade the case despite granting of several opportunities to the parties. 10. Having considered that the petitioners as well as the respondent/Management have failed to appear, despite several opportunities granted by the learned Labour Court, this Court finds that no illegality would be attributed to the impugned award dated 25.10.2016 passed by the learned Labour Court. 11. However, considering that on reference the mater could not be adjudicated on merit and also considering that the petitioners are workmen, I am of the considered view that interest of justice would be served, if the matter is remanded back to the learned Labour Court, Guwahati for fresh adjudication of the Reference Case No.3/2016. 12. Accordingly, the matter is remanded back to the learned Labour Court at Guwahati for afresh adjudication by providing that the petitioners shall file written statement as may be granted by the learned Labour Court. Page No.# 4/4 13. Considering that the matter is pending since 2016, the petitioners and the respondents are directed to appear before the learned Labour Court at Guwahati on 03.04.2025. 14. In view of the above direction, the award dated 25.10.2016 stands set aside. The writ petition is disposed of. No order as to costs. JUDGE Comparing Assistant