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2026 Supreme(Gau) 388

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Agricultural And Processed Food Products Exports Development Authority (Apeada) – Appellant
Versus
Union Of India Rep. By Secretary Govt. Of India, Ministry Of Labour And Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi – Respondent


Advocates Appeared:
For the Petitioner:Shri A. Kumar, Advocate.
For the Respondent:Shri L. C. Dey, Advocate

JUDGMENT :

Sanjay Kumar Medhi, J.

An Award dated 01.10.2019 passed by the learned Central Government Industrial Tribunal-cum-Labour Court, Guwahati, in Reference Case No. 02 of 2013 is the subject matter of challenge in this petition instituted under Article 226 of the Constitution of India. By the aforesaid Award, the concerned Workman, respondent no.3 has been directed to be reinstated and the Management is also directed to pay a lump sum amount of Rs. 1,00,000/-, in lieu of the back wages. The Management is the petitioner, which has questioned the legality and validity of the said Award.

2. As per facts projected, the respondent no. 3-Workman was initially appointed in September 1998 in the establishment of the Management on contractual basis for different periods and the 1st period was from 06.10.1998 to 05.01.1999. The last appointment was made vide order dated 08.07.2011 for a period upto 31.12.2011. The Management has highlighted that the appointment orders were contractual in nature and there was specific clause that no right would be accrued in favour of the workman. Further clauses were there, that the contract would be rescinded automatically and the same would not confer a

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