Gauhati High Court
Assam Tea Employees Provident Fund ... vs Asomi Industries Pvt. Ltd. And 4 Ors on 15 October, 2020
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/6
GAHC010130512020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1528/2020
1:ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION AND 2
ORS.
REP. BY ITS COMMISSIONER CUM SECRETARY, NIDHI BHAWAN,
BASISTHA, LALMATI, GUWAHATI-29, KAMRUP (M), ASSAM
2: THE FUND CONTROLLER OFFICER
ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION
B. BARUAH ROAD
AMULAPATTY
P.O. AND DIST. NAGAON(ASSAM)
3: THE RECOVERY OFFICER CUM ASSISTANT P.F. COMMISSIONER
TEZPUR ZONE
ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION
NIDHI BHAWAN
NIKAMUL SATRA
MAZGAON
TEZPUR
DIST. SONITPUR
ASSAM-78415
VERSUS
1:ASOMI INDUSTRIES PVT. LTD. AND 4 ORS.
HAVING ITS REGISTERED OFFICE AND PRINCIPAL PLACE OF BUSINESS
AT ASOMI CAMPUS,, H/NO. 32A, B.R. DEKA PATH, N.H. 37 (BY PASS),
JALUKBARI, GUWAHATI-781014, REP. BY ITS DIRECTOR
2:SUBHRA JYOTI BHARALI
S/O SRI BHABANANDA BHARALI
R/O LANKESWAR
JALUKBARI
GUWAHATI-14 AND PRINCIPAL PLACE OF BUSSINESS AT H/NO. 32A
B.R. DEKA PATH
Page No.# 2/6
N.H. 37
(BY PASS)
JALUKBARI
GUWAHATI-781014
DIRECTOR OF PETITIONER NO. 1.
3:SECONEE TEA ESTATE
NAGAON
REP. BY ITS MANAGER
P.O. JAKALABANDHA
DIST. NAGAON-782136
ASSAM
4:BORHULA (S) TEA INDUSTRIES
SECONEE BORHULLA GAON
REP. BY ITS PARTNER SRI RAJKUMAR BORTHAKUR
P.O. JAKHALABANDHA
DIST. NAGAON-782136
ASSAM
5:UNITED BANK OF INDIA
GUWAHATI BRANCH
REP. BY ITS BRANCH MANAGE
Advocate for the Petitioner : MR. T DEURI
Advocate for the Respondent : MR. S P ROY
Linked Case : WP(C) 7849/2019
1:ASOMI INDUSTRIES PVT. LTD. AND ANR.
HAVING ITS REGD OFFICE AND PRINCIPAL PLACE OF BUSINESS AT ASOMI
CAMPUS
H NO. 32A
BR DEKA PATH
N H 37 (BY PASS)
JALUKBARI
GUWAHATI- 781014 REP. BY ITS DIRECTOR
2: SUBHRA JYOTI BHARALI
S/O- SRI BHABANANDA BHARALI
R/O- LANKESWAR
JALUKBARI
Page No.# 3/6
GUWAHATI- 14 AND PRINCIPAL PLACE OF BUSINESS AT H NO. 32A
B R DEKA PATH
N H 37 (BY PASS)
JALUKBARI
GHY- 14
DIRECTOR OF PETITIONER NO. 1
VERSUS
1:ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION AND 5 ORS
REP. BY ITS COMMISSIONER CUM SECRETARY
NIDHI BHAWAN
BASISTHA
LALMATI
GUWAHATI- 29
KAMRUP (M)
ASSAM
2:THE FUND CONTROLLER OFFICER
ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION
B BARUAH ROAD
AMULAPATTY
P.O AND DIST- NAGAON
ASSAM
3:THE RECOVERY OFFICER CUM ASSISTANT P F COMMISSIONER TEZPUR
ZONE
ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION
NIDHI BHAWAN
NIKAMUL SATRA
MAZGAON
TEZPUR
DIST- SONITPUR
ASSAM
PIN- 784154
4:SECONEE TEA ESTATE
NAGAON
REP. BY ITS MANAGER
P.O- JAKHALABANDHA
DIST- NAGAON- 782136
ASSAM
5:BORHULA(S) TEA INDUSTRIES
SECONEE BORHULLA GAON
REP. BY ITS PARTNER SRI RAJKUMAR BORTHAKUR
P.O- JAKHLABANDHA
DIST- NAGAON
ASSAM
Page No.# 4/6
PIN- 782136
6:UNITED BANK OF INDIA
GUWAHATI BRANCH
REP. BY ITS BRANCH MANAGER
Advocate for the Petitioner : MR. S P ROY
Advocate for the Respondent : MR. T DEURI
Linked Case : WP(C) 8032/2019
1:ASOMI INDUSTRIES PVT. LTD. AND ANR.
HAVING ITS REGISTERED OFFICE AND PRINCIPAL PLACE OF BUSINESS AT
ASOMI CAMPUS
H/NO. 32A
B.R. DEKA PATH
N.H. 37 (BY PASS)
JALUKBARI
GUWAHATI-781014
REP. BY ITS DIRECTOR
2: SUBHRA JYOTI BHARALI
S/O SRI BHABANANDA BHARALI
R/O LANKESWAR
JALUKBARI
GUWAHATI-14 AND PRINCIPAL PLACE OF BUSSINESS AT H/NO. 32A
B.R. DEKA PATH
N.H. 37
(BY PASS)
JALUKBARI
GUWAHATI-781014
DIRECTOR OF PETITIONER NO. 1.
VERSUS
1:ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION AND 5 ORS.
REP. BY ITS COMMISSIONER CUM SECRETARY
NIDHI BHAWAN
BASISTHA
LALMATI
GUWAHATI-29
KAMRUP (M)
ASSAM
2:THE FUND CONTROLLER OFFICER
ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION
Page No.# 5/6
B. BARUAH ROAD
AMULAPATTY
P.O. AND DIST. NAGAON(ASSAM)
3:THE RECOVERY OFFICER CUM ASSISTANT P.F. COMMISSIONER
TEZPUR ZONE
ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION
NIDHI BHAWAN
NIKAMUL SATRA
MAZGAON
TEZPUR
DIST. SONITPUR
ASSAM-784154
4:SECONEE TEA ESTATE
NAGAON
REP. BY ITS MANAGER
P.O. JAKALABANDHA
DIST. NAGAON-782136
ASSAM
5:BORHULA (S) TEA INDUSTRIES
SECONEE BORHULLA GAON
REP. BY ITS PARTNER SRI RAJKUMAR BORTHAKUR
P.O. JAKHALABANDHA
DIST. NAGAON-782136
ASSAM
6:UNITED BANK OF INDIA
GUWAHATI BRANCH
REP. BY ITS BRANCH MANAGER
Advocate for the Petitioner : MR. S P ROY
Advocate for the Respondent : MR. T DEURI (SPL. COUNSEL)
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 15-10-2020 Heard Mr. K.N. Choudhury, learned Senior counsel assisted by Mr. T. Deuri, learned counsel for the applicants. Mr. S.P. Roy, learned counsel for the opposite parties submits that he has filed an affidavit-in-opposition in the matter. However, the same is not on record.
Page No.# 6/6 The learned Senior counsel for the applicants submits that as per the administrative instructions directed by the District Administration, the tea gardens/ estates are required to pay Puja bonus to the employees. It is submitted that if there is any delay in hearing of this application, then this application would itself be rendered as infructuous. The Registry shall tag the said affidavit-in-opposition filed by the opposite parties herein.
The learned counsel for the opposite parties shall be ready with the additional copy of the affidavit-in-opposition so that if for some reason the affidavit-in-opposition is not tagged, he shall produce the same for perusal of the Court.
It is made clear that no prayer for adjournment shall be entertained on the next date of listing.
As agreed to by all sides, list the matter on 19.10.2020.
JUDGE Comparing Assistant