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2022 Supreme(Gau) 132

SUDHANSHU DHULIA, SOUMITRA SAIKIA
Century Mercantile Private Limited – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. O.P. Bhati, Advocate.
For the Respondent: Mr. D.K. Sarmah, Mr. S. Chakraborty, Amicus Curiae.

JUDGMENT :

Sudhanshu Dhulia, J

Heard Mr. O.P. Bhati, learned counsel for the appellants. Also heard Mr. D.K. Sarmah, learned Additional Senior Government Advocate, Assam as well as Mr. S. Chakraborty, learned Amicus Curiae.

2. Although these writ appeals have arisen out of a common order passed by the learned Single Judge dated 20.06.2019[WP(C) 2486/2016, WP(C) 2570/2016, WP(C) 2808/2016, WP(C) 3423/2016 and WP(C) 4049/2016] and since the matter is common, these writ appeals are being disposed of by a single order here as well, but in fact we would be referring to writ appeal No. 199/2019.

3. The writ appellant/petitioner in Writ Appeal No.199/2019 before this Court is a Private Limited Company incorporated under the provisions of the Companies Act, 1956 and has been carrying on the business of wholesale food grains. Appellant Nos.2 and 3 are again the proprietors of firms engaged in the same business. During the course of their business, the writ appellants/petitioners had to undertake the exercise of loading and unloading of food grains in transport vehicles and for which purposes the company engages the services of labourers from the market.

4. The Government of Assam, in exercise of

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