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Gauhati High Court

Assam Institute Of Health Allied ... vs Kasturi Bharali And Ors on 7 April, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                  Page No.# 1/5

GAHC010054402025




                                                           undefined

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

                        Case No. : I.A.(Civil)/1019/2025

         ASSAM INSTITUTE OF HEALTH ALLIED SCIENCE
         REPRESENTED BY ITS MANAGING DIRECTOR, MANASHI CHALIHA DEKA,
         AGED ABOUT 48 YEARS, W/O JAYANTA DEKA, R/O VILL-MAZGAON, P.O.-
         TEZPUR, DIST-SONITPUR, ASSAM, PIN-784001



         VERSUS

         KASTURI BHARALI AND ORS
         THE DIRECTOR, EMPLOYMENT AND CRAFTSMAN TRAINING AND
         MEMBER SECRETARY, ASSAM SKILL DEVELOPMENT INITIATIVE
         SOCIETY, ASSAM, REHABARI, GUWAHATI-781008

         2:MS. ARTI AHUJA
          THE SECRETARY TO THE MINISTRY OF LABOUR AND EMPLOYMENT
         DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING GOVT. OF
         INDIA
          SHRAM SHAKTI BHAWAN
          RAFI MARG
          NEW DELHI-110001.

         3:MR. ATUL KUMAR TIWARI
         THE SECRETARY OF THE MINISTRY OF SKILL DEVELOPMENT AND
         ENTREPRENEURSHIP
          GOVT. OF INDIA
          ROOM NO. 524
          SHRAM SHAKTI BHAWAN
          RAFI MARG
          NEW DELHI-110001.

         4:B.KALYAN CHAKRAVARTHY
          PRINCIPAL SECRETARY
          SKILL EMPLOYMENT AND ENTREPRENEURSHIP DEPARTMENT
                                                                      Page No.# 2/5

             BLOCK D
             1ST FLOOR
             ASSAM SECRETARIAT
             DISPUR GUWAHATI 05

            5:ANANT LAL GYANI
            THE DIRECTOR
             EMPLOYMENT AND CRAFTSMAN TRAINING AND MEMBER SECRETARY
            ASSAM SKILL DEVELOPMENT INITIATIVE SOCIETY
            ASSAM
             REHABARI
             GUWAHATI 78100

Advocate for the Petitioner   : MR. S K DAS,

Advocate for the Respondent : MR. R K D CHOUDHURY, MR. K K PARASAR




             Linked Case : Cont.Cas(C)/139/2022

            ASSAM INSTITUTE OF HEALTH ALLIED SCIENCE
            REPRESENTED BY ITS MANAGING DIRECTOR
            MANASHI CHALIHA DEKA
            AGED ABOUT 48 YEARS
            W/O JAYANTA DEKA
            R/O VILL-MAZGAON
            P.O.-TEZPUR
            DIST-SONITPUR
            ASSAM
            PIN-784001


             VERSUS

            KASTURI BHARALI AND ORS.
            THE DIRECTOR
            EMPLOYMENT AND CRAFTSMAN TRAINING AND MEMBER SECRETARY
            ASSAM SKILL DEVELOPMENT INITIATIVE SOCIETY
            ASSAM
            REHABARI
            GUWAHATI-781008

            2:MS. ARTI AHUJA
            THE SECRETARY TO THE MINISTRY OF LABOUR AND EMPLOYMENT
                                                               Page No.# 3/5

DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING GOVT. OF
INDIA
 SHRAM SHAKTI BHAWAN
 RAFI MARG
 NEW DELHI-110001.

3:MR. ATUL KUMAR TIWARI
THE SECRETARY OF THE MINISTRY OF SKILL DEVELOPMENT AND
ENTREPRENEURSHIP
GOVT. OF INDIA
ROOM NO. 524
SHRAM SHAKTI BHAWAN
RAFI MARG
NEW DELHI-110001.
------------
Advocate for : MR. S K DAS
Advocate for : MR S P DAS appearing for KASTURI BHARALI AND ORS.
                                                                          Page No.# 4/5

                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                     ORDER

07.04.2025 Heard Mr. S.K. Das, learned counsel for the petitioner. Also heard Mr. S.P. Das, learned counsel for the respondents.

This interlocutory application has been filed seeking impleadment of opposite parties No. 4 & 5 as party respondents in Cont. Cas(C) No. 139/2022.

It is submitted that the directions contained in the order dated 20.08.2021 passed in W.P(C) No. 542/2021 has not been complied with. The learned counsel for the applicant submits that by the said order passed by the Co- ordinate Bench, directions were issued to the Director, Employment and Craftsman Training and Member Secretary, Assam Skill Development Initiative Society Assam to carry out the directions contained in the said order.

The learned counsel for the applicant submits that notwithstanding the directions contained, the same has not been carried out by the respondent authorities requiring the petitioner to approach this Court by filing contempt petition.

In the contempt petition, Smti Kasturi Bharali was arrayed as the Director, Employment and Craftsman Training and Member Secretary, Assam Skill Development Initiative Society Assam and she has been demitted office as a Director and in her place Shri Anant Lal Gyani has been appointed as Director. The interlocutory application is therefore filed seeking impleadment of new incumbent to the post of Director as well as the Principal Secretary, Skill Employment & Entrepreneurship Department as respondents No. 4 & 5 respectively in the contempt petition No. 139/2022.

Page No.# 5/5 The learned counsel representing the respondents No. 1, 2 & 3 appeared before this Court.

Considering the submissions made and taking note of the directions contained in the order dated 20.08.2021 passed in W.P(C) No. 542/2021, this interlocutory application stands allowed.

Shri B. Kalyan Chakravarthy, Principal Secretary, Skill Employment & Entrepreneurship Department and Shri Anant Lal Gyani, Director, Employment and Craftsman Training and Member Secretary, Assam Skill Development Initiative Society, Assam are directed to be arrayed as party respondents No. 4 & 5 in Contempt Case No. 139/2022.

The applicant will file amended cause title before the Registry within a period of two weeks from today.

Accordingly, the Interlocutory Application stands disposed of in terms of the above.

JUDGE Comparing Assistant