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2026 Supreme(Gau) 53

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N.UNNI KRISHNAN NAIR
Union of India Rep. by the General Manager, N.F. Railway, Maligaon – Appellant
Versus
On the Death of Subhash Banik His Legal Heirs Maya Banik W/o Late Subhash Banik – Respondent


Advocates Appeared:
For the Appellants : R. Choudhury, H. Gupta, R.R. Borah, B. Devi, G. Goswami
For the Respondents: M.K. Das, B. Hussain, A.K. Hussain

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. G. Goswami, learned counsel appearing for the petitioner. Also heard Mr.A.K. Hussain, learned counsel representing the respondents.

2. At the outset it is to be noted that the present writ petition was so instituted with Subhash Banik as the sole respondent. During the pendency of the present proceeding, unfortunately the sole respondent passed away on 27-01-2020. Accordingly, his legal heirs, i.e. his wife and the daughter, were substituted as respondents in place of the original respondent Subhash Banik by this Court vide order dated 07-11-2022.

3. The petitioner in the present proceeding has presented a challenge to the award dated 20-03-2013 passed by the Central Government Industrial Tribunal-cum-Labour Court, Guwahati in reference case No. 12/2008.

4. The original sole respondent Subhash Banik being aggrieved by denial to him of his due promotion to the next higher grade of Senior Technician/ Master Craftsman, along with similarly situated persons had raised grievances before the N.F. Railway authorities, i.e. the petitioner herein. On not getting any response from the railway authorities, the matter came to be referred to the Labo

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