Gauhati High Court
Page No.# 1/4 vs Union Of India And 2 Ors on 13 December, 2023
Author: M.R. Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010280742023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3708/2023
AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT
DEVELOPMENT AUTHORITY (APEDA)
MINISTRY OF COMMERCE AND INDUSTRIES, GOVT. OF INDIA, 3RD
FLOOR, NCUI BUILDING, 3, SIRI INDUSTRIAL AREA, AUGUST KRANTI
MARG, NEW DELHI-16, REPRESENTED BY ITS ASSISTANT GENERAL
MANAGER, REGIONAL OFFICE, GUWAHATI
2: MS. SUNITA RAI
ASSTT. GENERAL MANAGER
AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT
DEVELOPMENT AUTHORITY APEDA
MINISTRY OF COMMERCE AND INDUSTRIES
JAIN COMPLEX
3RD FLOOR
G.S. ROAD
GHY-
VERSUS
UNION OF INDIA AND 2 ORS
REPRESENTED BY SECRETARY, GOVT. OF INDIA, MINISTRY OF LABOUR
AND EMPLOYMENT SHARAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI
01
2:BINOD CH. BARMAN
C/O SRI JOGENDRA NATHBORAH
HOUSE NO.598
ANANDA NAGAR
CHRISTIAN BASTI
NEAR SANI MANDIR
GHY-5
3:THE ASSTT. LABOUR COMMISSIONER CENTRAL
CUM CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY
Page No.# 2/4
ACT
1972
KENDRIYA SHRAM SADAN
RK MISSION ROAD
BIRUBARI
GHY-1
Advocate for the Petitioner : MR C P SHARMA
Advocate for the Respondent : DY.S.G.I.
Linked Case : WA NO. 15176/2023 (Filing Number)
AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT
DEVELOPMENT AUTHORITY (APEDA)
VERSUS
UNION OF INDIA AND 2 ORS F
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Advocate for : MR C P SHARMA Advocate for : appearing for UNION OF INDIA AND 2 ORS F Linked Case : I.A. (Civil) No. 15177/2023 (Filing Number) AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY (APEDA) VERSUS UNION OF INDIA AND 2 ORS F Page No.# 3/4
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Advocate for : MR C P SHARMA Advocate for : appearing for UNION OF INDIA AND 2 ORS F BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MRS. JUSTICE MITALI THAKURIA 13/12/2023 (M.R. Pathak, J) Heard Mr. C P Sharma, learned Senior counsel assisted by Mr. K R Borooah, learned counsel for the applicants and Mrs. S Baruah, learned Central Government Counsel for the opposite party No. 1.
The applicants as appellants have filed an appeal being dissatisfied with the judgment and order dated 07.09.2023 passed by a Single Judge in WP(C) No. 857/2013 preferred by the applicants, whereby the order of the learned Labour Court in favour of the workmen was upheld. While filing the connected writ appeal by the present applicants, a delay of 29 days was occurred. Hence, this Interlocutory Application.
Mr. C P Sharma, learned Senior counsel appearing for the applicants have placed reliance on the judgment of the Hon'ble Supreme Court in the case of Sheo Raj Singh (Deceased) through Legal Representative and Others Vs. Union of India and Another, decided on 09.10.2023, reported in 2023 SCC Online SC 1278.
Issue notice, returnable by 11.01.2024.
As Mrs. S Baruah, learned Central Government Counsel has accepted notice on behalf of the opposite party No. 1, no formal notice need to be issued to the said opposite party.
Applicants shall serve requisite extra copies of this writ petition along with the Annexures appended thereto to Mrs. S Baruah, learned Central Government Counsel by tomorrow, i.e., 14.12.2023, obtaining necessary acknowledgment from her in that regard.
Page No.# 4/4 Applicants shall take steps for service of notice on the opposite party Nos. 2 & 3 by registered post with A/D within 2 (two) days from today, providing their proper and correct addresses with requisite postal stamp.
List accordingly.
JUDGE JUDGE Comparing Assistant