Gauhati High Court
Borgang Tea Company Pvt. Ltd And Anr vs The State Of Assam And 13 Ors on 9 December, 2020
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010244622017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/4166/2017
BORGANG TEA COMPANY PVT. LTD AND ANR
VERSUS
THE STATE OF ASSAM AND 13 ORS
Advocate for the Petitioner : MS.N DEKA
Advocate for the Respondent : MS.P BORAHR-12
Linked Case : WP(C)/6190/2017
BORGANG TEA COMPANY PVT. LTD AND ANR
REP. BY THE DIRECTOR
SRI RAJIB PRINCHA
67
GANESH CHANDRA AVENUE
KOLKATA- 13
VERSUS
THE STATE OF ASSAM AND 13 ORS
REP. BY COMMISSIONER AND SECRETARY
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GOVT OF ASSAM
LABOUR WELFARE DEPARTMENT
DISPUR
GHY- 06
------------
Advocate for : MR.B P BORAH
Advocate for : MR.N DEKAR- 11and12 appearing for THE STATE OF ASSAM AND
13 ORS: Advocate appearing for respectively.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 09-12-2020 Heard Mr. N. Dey, learned standing counsel for the applicant. Also heard Mr. N. Deka, learned counsel for the opposite party no.1/ writ petitioner.
The learned counsel for both sides have submitted that pursuant to a strike in the Borgaon Tea Estate, the management had declared a lockout of the said Tea Estate vide notice of lockout issued on 20.07.2017. Thereafter, by a notification dated 15.09.2017, the matter was referred for adjudication to the Labour Court, Guwahati. By a separate notification of the same date, in exercise of power of powers conferred under section10 (3) of the Industrial Disputes Act, 1947 the competent authority prohibited the continuance of lockout declared by the management of Borgaon Tea Estate. The said order has been assailed in WP (C) 6190/2017. The notification of reference dated 15.09.2017 is the subject matter of challenge in WP (C) 7756/2017. It is submitted at the Bar that labour dispute which was adjudicated before the Labour Court was disposed of vide award dated 21.02.2018. The said award is the subject matter of challenged in WP (C) 3863/2018.
It is submitted that during the pendency of this writ petition, the management and the workers have agreed to resume the activities in the Borgaon Tea Estate.
Page No.# 3/3 Accordingly, it appears that in view of the said agreement between the parties, the lockout of Borgaon Tea Estate is no longer in force.
In view of such position, it appears to the Court that this I.A. has been rendered infructuous.
Accordingly, this I.A. stands closed.
JUDGE Comparing Assistant