GAHC010186992023

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4965/2023

MONOWAR HUSSAIN

SON OF LATE BAHIAT ULLAH, UNARMED SECURITY GUARD, ERSTWHILE

WIMCO LTD. LTD., DHUBRI, NOW MANAGED BY ITC LTD., RESIDENT OF

A.M.CO.ROAD, P.S. AND DISTRICT- DHUBRI, ASSAM

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT

DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI- 781006

2:THE DEPUTY COMMISSIONER

DHUBRI

DISTRICT DHUBRI

PINCODE- 783301

ASSAM

3:THE CERTIFICATE OFFICER

OFFICE OF THE DEPUTY COMMISSIONER

DHUBRI

PINCODE- 783301

4:THE ASSISTANT LABOUR COMMISSIONER CUM AUTHORITY

UNDER THE PAYMENT OF WAGES ACT

1936

DHUBRI

PINCODE- 78330

5:ITC LTD.

BEING REPRESENTED BY ITS MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT VIRGINA HOUSE

J.L.NEHRU ROAD KOLKATA- 700071

6:SRI AMITENDRA MOHAN DUTTA MANAGER OF ERSTWHILE WIMCO LTD. LTD.

DHUBRI NOW MANAGED BY ITC LTD.

AM CO. ROAD DHUBRI P.O. ASSAM MATCH CO.ROAD DHUBRI ASSA Advocate for the Petitioner : MR. D DAS, MR. K MOHAMMED,A M AHMED,MR R SENSUA Advocate for the Respondent : GA, ASSAM, MR D KHAN (R-5),MS M HAZARIKA (R-5),SC, REVENUE Linked Case : WP(C)/5398/2023 ITC LTD A PUBLIC LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT VIRGINIA HOUSE

37 JAWAHARLAL NEHRU ROAD KOLKATA-700071 INDIA REPRESENTED BY ITS SENIOR FINANCE MANAGER (EAST)

MS. DEBOLINA MOOKERJEE R/O 11A GOKUL BARAT STREET KOLKATA-700012 DIST- KOLKATA STATE-WEST BENGAL VERSUS THE STATE OF ASSAM AND 3 ORS.

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI-781006

2:THE CERTIFICATE OFFICER OFFICE OF THE DEPUTY COMMISSIONER DHUBRI

3:THE ASSISTANT LABOUR COMMISSIONER -CUM-AUTHORITY UNDER THE PAYMENT OF WAGES ACT DHUBRI PIN-783301

4:MONOWAR HUSSAIN S/O LATE BAHIAT ULLAH R/O A.M. CO. ROAD PS AND DIST- DHUBRI ASSAM ------------

Advocates for the petitioner(s) : Mr. R Sensua In WP(C)No.4965/2023 Advocates for the petitioner(s) Ms. M Hazarika In WP(C)No.5398/2023 Senior Advocate Mr. D Khan Advocates for the respondent(s) : Mr. K Gogoi Addl. Senior Govt. Advocate B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

09.12.2025 Heard Mr. R Sensua, the learned counsel appearing on behalf of the petitioner in WP(C)No.4965/2023. This Court has also heard Mrs. M Hazarika, the learned Senior Counsel assisted by Mr. D Khan, the learned counsel appearing on behalf of the petitioner in WP(C)No.5398/2023. Mr. K Gogoi, the learned Additional Senior Govt. Advocate, Assam who appears on behalf of the State of Assam.

2. The learned counsel, who represents the petitioner in WP(C)No.4965/2023 represents the private respondent in WP(C)No.5398/2023 and the learned Senior Counsel, who represents the petitioner in WP(C)No.5398/2023 represents the private respondent in WP(C)No.4965/2023.

3. Both the writ petitions are interconnected. It is relevant to take note of that the petitioner in WP(C)No.4965/2023 was earlier employed in a company in the name and style of WIMCO Limited, which pursuant to a scheme of arrangement was taken over by the petitioner in WP(C)No.5398/2023. Certain disputes arose as regards non-payment of the dues of the petitioner in WP(C)No. 4965/2023. Pursuant to the said disputes, a Conciliation Proceedings was initiated wherein the petitioner in WP(C)No.4965/2023 as well as the representative of the petitioner in WP(C)No.5398/2023 were duly represented. In the said conciliation proceedings, the representative of the petitioner in WP(C)No.5398/2023 raised an issue that the petitioner in WP(C)No.4965/2023 was retrenched with effect from 01.01.2016. However, taking into account that there was no materials placed, it was recorded in the minutes of the Conciliation meeting held on 06.02.2017, that the representatives of the petitioner in WP(C)NO.5398/2023 had given up the claim that the petitioner in WP(C)No.4965/2023 was retrenched.

4. The only issue, therefore, which arose to be decided in the said Conciliat