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2019 Supreme(Gau) 728

NELSON SAILO
Assam Polytex Limited Employees Union, Represented By Its General Secretary Bapdhan Boro, Assam – Appellant
Versus
State of Assam, Represented By Additional Chief Secretary to Govt. of Assam, Industries & Commerce Department, Guwahati – Respondent


Advocates Appeared:
B.D. Das, Advocate, R. Deka, Advocate, B. Ahmed, Advocate, M. Dutta, Advocate.

JUDGMENT :

Nelson Sailo, J.

Heard Mr. B.D. Das, the learned senior counsel assisted by Ms. R. Deka for the petitioner Union. Also heard Dr. B. Ahmed, the learned Standing Counsel for the Industries and Commerce Department and also Ms. M. Dutta, the learned counsel for the respondent No. 7.

2. This is a second round writ petition filed by the Assam Polytex Ltd. Employees Union which is represented by its General Secretary. The petitioner Union earlier approached this Court by filing WP(C) No. 3354/2013, praying for a direction to the respondent authorities to grant its members the benefit of Voluntary Retirement Scheme (VRS). The writ petition was disposed of vide Order dated 29.04.2014.

3. The facts of the case in brief is that the petitioner-Union i.e., Assam Polytex Limited Employees' Union comprises of about 378 members, who are Grade-III and Grade-IV employees in the Assam Polytex Ltd. (respondent No. 5). The Union is registered under the Trade Unions Act, 1976 under registration No. TUC/CR/No. 44/87. The respondent No. 5 is a Government of Assam undertaking incorporated in the year 1982 which started its production in 1985-86. The members of the petitioner-Union were appointed by

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