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MICHAEL ZOTHANKHUMA
Green Field Tea Warehouse, Represented by its Proprietor, Md. Monirul Hassan – Appellant
Versus
State of Assam, Represented by the Secretary to the Government of Assam, Labour & Employment Department – Respondent
JUDGMENT :
Michael Zothankhuma, J.
Heard Mr. Y.S. Mannan, learned counsel for the petitioner in both the writ petitions. Also heard Mr. H.R. Khan, learned counsel appearing for the respondent No.2 in WP(C) No.6698/2023 and for the respondent No.3 in WP(C) No.1094/2018 and Mr. S.R. Baruah, learned Government Advocate, appearing for the State respondent in both the writ petitions.
2. At the outset it may be stated that the petitioner in WP(C) No.1094/2018 is the proprietor of the petitioner firm in WP(C) No.6698/2023. Further, the respondent No.2 in WP(C) No.6698/2023 is the same person as respondent No.3 in WP(C) No.1094/2018. Both the writ petitions are being disposed of by this judgment and order, as the subject matter in issue in both the writ petitions are connected to each other. The writ petitioner is the employer, while the respondent No.2 in WP(C) No.6698/2023 as well as the respondent No.3 in WP(C) No.1094/2018, is the employee
3. The brief facts of the case is that the employee (workman) was verbally employed to maintain the accounts of the employer w.e.f. 14.11.1996. The employer used to pay Rs.1,000/-per month as wages for the period from November 1996 to December 1999. Ther
An award under the Industrial Disputes Act becomes unenforceable if the employee fails to comply with its terms, and the Assistant Labour Commissioner cannot adjudicate claims for higher wages withou....
Employees must actively pursue reinstatement post-award; however, employers' refusal to act can diminish employees' obligations to report for work.
Claiming wages - It is proved to the satisfaction of the High Court or Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part th....
Point of Law : Court does not find any cogent reasoning in the order of the Labour Court in so far as the denial of relief of reinstatement or back-wages is concerned.
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