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2023 Supreme(Online)(GAU) 537

HIGH COURT OF GAUHATI
Devashis Baruah, J
Pankaj Sarma – Appellant
Versus
Management of M/S Abdos Lamitubes Pvt Ltd – Respondent


Advocates:
For the Appellants/Petitioners: Mr. A. Biswas
For the Respondents:Mr. A. Dasgupta, Sr. Advocate, Ms. B. Das, Advocate

Table of Content
1. initial dispute and ex-parte award details. (Para 2 , 3 , 4 , 5)
2. management's argument against the ex-parte award. (Para 6 , 8)
3. procedural laws affecting dispute resolution. (Para 10 , 11)
4. importance of compliance and attendance in proceedings. (Para 22)
5. restoration of ex-parte award. (Para 23 , 24)

JUDGMENT AND ORDER (ORAL)

The instant writ petition has been filed by the petitioner challenging the order dated 28.03.2011 passed in Misc. Case No.1/2010, arising out of the Reference Case No.12/2008.

2. The facts leading to the filing of the instant writ petition are that the th Government of Assam by a Notification No.G.L.R.46/08/30 dated 4 of July, 2008 referred the dispute that had arisen between the respondent No.1 and the petitioner to the learned Labour Court, Guwahati, Assam on the basis of which a Reference Case being Reference Case No.12/2008 was registered and numbered. The terms of reference, as per the said Government notification th dated 4 of July, 2008, are reproduced herein under:-

(i) Whether the management is justified in terminating or dismissing or discharging Shri Pankaj Sarma, complainant by not treating as a workman under the Industrial D

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