ORDER

Date : 15-12-2022 Heard Mr. S N Tamuli, learned counsel for the petitioner. Also heard Mr. B Barua, learned counsel for the respondent no. 1 being the Management of Betjan Tea Estate represented by its Manager, Ms. A Bhattacharjee, learned counsel for the respondent no. 3 being the Secretary to the Assam Chah Karmachari Sangh, Doom Dooma Circle.

2. The petitioner Keshab Borah is a worker in the Betjan Tea Estate who was dismissed from service as per the order dated 24.03.2008 of the Management. The dismissal of the petitioner workman culminated in the notification dated 24.05.2012 of the Under Secretary to the Government of Assam in the Labour and Employment Department by which a reference for adjudication of the dispute was made to the Presiding Officer of the Industrial Tribunal, Dibrugarh under Section 10(1)(c) of the Industrial Disputes Act, 1947 and the question that referred are extracted as below:

1. Whether the Management of Betjan Tea Estate are justified in dismissing the services of Shri Keshab Borah, Mohorer of Betjan Ta Estate?

2. If not, whether the said workman, Sri Keshab Borah is entitled to re-

instatement with full back wages or any other relief in lieu thereof?

3. The reference was answered by the award dated 27.05.2013 in reference case no.

04/2012 of the Industrial Tribunal, Dibrugarh.

4. The second paragraph of the award dated 27.05.2013 inter-alia provides that upon the reference case being registered, the parties were asked to file their written statement along with their relevant documents and in response to the notice issued only the Management had submitted their written statement and the workman inspite of service of notice neither appeared nor submitted any written statement and accordingly, the reference is proceeded as ex-parte against the workman.

5. Paragraph 2 of the award dated 27.05.2013 is extracted as below:

“On receipt of the above notification, as case being Reference No. 04 of 2012 was registered and the parties were asked to file their written statement along with their relevant documents. In response to the notice issued only the Management has submitted their written statement. But the work man inspite of service of notice neither appeared nor submitted any written statement. As such the reference is proceeded ex-parte against the workman.”

6. The reference on its own merit was answered by the award which was in favour of the management by which the first question in reference made in the notification dated 24.05.2012 was answered in favour of the management meaning thereby that the management of Betjan Tea Estate was justified in dismissing the petitioner Keshab Borah workman.

7. Being aggrieved, this writ petition is instituted.

8. On being queried as to why the petitioner workman remained absent in the proceeding before the Industrial Tribunal i.e. in other words why the petitioner did not respond to the notice of the Industrial Tribunal, the reply given is that under the arrangement, a worker of a tea garden is a member of the Assam Chah Karmachari Sangh and the workers make their regular contribution to the Sangh and in furtherance of the arrangement whenever there is a legal proceeding against any of the workman of a tea garden, it will be the Assam Chah Karmachari Sangh who will give legal aid and take up the matter before the Tribunal to defend the workman.

9. In the instant case, the petitioner expresses his helplessness as the Assam Chah Karmachari Sangh had not done its requirement under the law of taking up the matter on behalf of the petitioner workman before the Tribunal which resulted in the ex-parte order.

10. In the circumstance by our earlier order dated 07.11.2022, we required the Assam Chah Karmachari Sangh through its Secretary to be impleaded as the respondent no. 3 for their explanation as to why they had not done the needful to protect the legal right of the petitioner workman before the Industrial Tribunal.

11. The Secretary of the Assam Chah Karmachari Sangh has fil