Guwahati Court November 2014 Judgments
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Deba Kanta Das and Others Vs. Oil and Natural Gas Corporation Limited ...
Court: Guwahati
Decided on: Nov-27-2014
1. Heard Mr. A. Dasgupta, learned Sr. counsel representing the petitioners. Also heard Mr. G.N. Sahewalla, learned Sr. counsel representing the ONGC and their Executive Director. The Union of India is represented by Mr. J. Deka, learned Central Govt. counsel. 2. The petitioners challenge the award dated 15.05.2009 (Annexure-G) in the Reference Case No.3(C)/1996, whereby the learned Industrial Tribunal, Guwahati held that the 11 workmen are not entitled to regularization/equal wages, at par with the permanent security guards under the ONGC, but they are entitled to continue as contract labourer under the labour contractors engaged by the Management. This 2nd award was given on remand of the matter by this Court, through its judgment dated 21.05.2004 (Annexure-D) in the WP(C) No.8368/2001, wherein the High Court held that there is inadequate evidence on record for the Industrial Tribunal to answer the reference on demand for regularization/equal pay, claimed by 11 workmen. In the 1st rou...
Jogighopa Ashok Kagajkal Sramik Santha, Represented by the Secretary V ...
Court: Guwahati
Decided on: Nov-27-2014
Oral 1. This writ petition was filed in 2008 by the Jogighopa Ashok Kagajkal Sramik Santha, represented by its Secretary, C/o- Ashok Paper Mill (Assam) Ltd. District- Bongaigaon, Assam. Apart from the prayer for appropriate decision in respect of the Mill and also the future of its employees and workers, further prayer made is to direct the respondents to pay the admissible salaries to the existing employees and workers for the periods indicated in the prayer portion of the writ petition specified as:- Take appropriate steps to clear the outstanding dues to the employees and workers of the Mill for the period of April-May of 1995, August 1997 to October, 1997 and October 1998 to 7th March, 2008. Take appropriate steps to make up to date the provident fund accounts of the employees and workers of the Mill in question for the gap period i.e. w.e.f. 01.04.1995 up to 30.09.1998 of all the employees/workers including those who retired and expired in the meantime. Another prayer made in the ...
Petuwa Dhan Vs. The State of Assam
Court: Guwahati
Decided on: Nov-19-2014
Oral C.R. Sarma, J. (1) This appeal is directed against the judgment and order, dated 29.10.2011, passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No.47/2008, whereby the learned Sessions Judge convicted the appellant, under Section 302 of the Indian Penal Code (for short, IPC) and sentence him to suffer imprisonment for life and pay fine of Rs.2,000/-, in default, suffer rigorous imprisonment for another period of 3 (three) months. Direction has also been made to treat the period of imprisonment, already undergone by the petitioner, as set off under Section 428 of the Code of Criminal Procedure (for short, Cr.P.C.). (2) Aggrieved by the said conviction and sentence, the convicted person, as appellant, has preferred this appeal, from jail. As there was none to represent the appellant, Mr. R. Dey, learned Counsel, has been appointed as the Amicus Curiae to represent the appellant. (3) The prosecution case, in brief, is that, on the night of 21.07.2007, when the deceased...
Harendra Nath Sarma Vs. The State of Assam, represented by the Commiss ...
Court: Guwahati
Decided on: Nov-13-2014
Oral 1. The petitioner who has already retired from service on attaining the age of superannuation on 30/11/2010 has filed this writ petition for a direction to the respondents to provide him promotion to the post of Director, Finance (Economic Affairs) department with effect from 04/09/2002. Be it stated here that the petitioner was promoted as Director of Institutional Finance on officiating basis vide order dated 14/12/2004. Thereafter vide notification dated 14/02/2011 (Annexure-VII) his officiating promotion under regulation 4(d) of the Assam Public Service Commission (Limitation of Function) Regulation, 1951 was regularized against the post of Director, Finance, Economic Affairs Department. According to the petitioner since there was vacancy, he ought to have been promoted as Director, Finance (Economic Affairs) Department with effect from 04/09/2002 instead of 14/12/2004 and regularized vide notification dated 14/02/2011. 2. I have heard the petitioner in person and have also he...
Imtilemba Sangtam and Others Vs. Speaker, Nagaland Legislative Assembl ...
Court: Guwahati
Decided on: Nov-12-2014
Oral K. Sreedhar rao, ACJ. 1. The 12th Nagaland Legislative Assembly was constituted with total elected members of 60. In the Assembly, the Naga Peoples Front (NPF) had 38 MLAs, the Congress had 8 elected MLAs, the Nationalist Congress Party (NCP) had 4 MLAs, the Janata Dal United (JDU) had one MLA, the Bharatiya Janata Party (BJP) had one MLA and 8 independent MLAs. In the four of the MLAs of NCP, the President of State Unit of NCP was also an MLA and he along with other two MLAs made a petition to the Speaker on 16.06.2014 making a claim that the State unit of NCP has merged with the BJP and that all the three MLAs of NCP have become members of the BJP. In accordance with the resolution, dated 16.06.2014. 2. The Speaker after entertaining the petition regarding merger, issued notices to the President and Secretary of the NCP of National Unit and both of them wrote to the Speaker that there is no merger and stated that three of the MLAs, who have joined the BJP, have voluntarily left ...
Paresh Ch. Nath Vs. Khargeswar Baishnab and Others
Court: Guwahati
Decided on: Nov-07-2014
Oral Judgment: [1] Heard learned counsel for the appellant. [2] This Second Appeal has been preferred on behalf of the plaintiff in Title Suit No.11 of 2008. Both the Courts below concurrently held that plaintiff could not prove his right, title and interest over the suit land and consequently, trial Court dismissed the suit which was confirmed by the learned First Appellate Court. [3] Paresh Chandra Nath as plaintiff instituted Title Suit No. 11 of 2008 in the Court of learned Munsiff No.1 at Kokrajhar stating that his father owned 1 Bigha 4 Kathas 6 Lechas land under Dag No.4 and 5 of Khatian No.4 (old) in village Totpara under Kokrajhar Revenue Circle. After death of his father, plaintiff continued possessing the same. However, subsequently he had to shift from the plot of land to some other place in view of erosion by river. The Plaintiffs father died in the year 1979 and thereafter, name of the plaintiff was mutated in respect of 1 Bigha 3 Kathas 9 Lechas of land under the aforesa...
Hasna Ara Begum Vs. Kaushik Ranjan Das
Court: Guwahati
Decided on: Nov-03-2014
Oral 1. Heard Mr. NK Kalita, learned counsel for the petitioner and Mr. P Roy, learned counsel for the opposite party. 2. The present petitioner was the defendant in Money Suit No. 140/2006 which was instituted by the sole respondent herein. Plaintiffs suit was for realisation of Rs. 2,60,000/- from the petitioner defendant. Defendant appeared and submitted written statement whereafter the learned Court below framed issues and put the parties to prove their respective cases. Plaintiff adduced evidence by examining witnesses and also producing documents. Defendants stopped appearing w.e.f. 02.02.2009 i.e. the date when plaintiff was adducing his evidence and no witness of the plaintiff was cross-examined by the defendant. After closure of the plaintiffs evidence, learned Court fixed the case for evidence by defendant side. But since 02.02.2009 defendant stopped appearing in the case evidence on her part. At this stage the learned Trial court after perusal of the evidence led by the plai...
Rajiv Kumar and Others Vs. Ashok Kumar Aggarwal and Others
Court: Guwahati
Decided on: Nov-03-2014
[1] By this application under Section 115 read with Section 151 of the Code of Civil Procedure, the petitioners who were the defendants in Title Suit No. 123 of 2008 have challenged the order dated 08.08.2012 passed by the learned Civil Judge No.2, Kamrup, in Misc.(J) Case No. 86 of 2011 restoring the case to file under Order IX Rule 9 of the Code of Civil Procedure. [2] The respondents as plaintiffs instituted Title Suit No. 123 of 2008 in the Court of Civil Judge ( Senior Division) No.1,Kamrup, Guwahati, against the present petitioners and others praying for a decree for declaring that public notice issued in the Hindustan Times on 06.06.2007 is false, defamatory and malicious and that a decree be passed for a sum of Rs.25,00,00,000/- against the defendants towards damages and compensation for such defamation and for future interest apart from decree of permanent injunction. During pendency of the suit, the learned engaged counsel of the plaintiff informed the Court on 06.05.2010 abo...
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