NONAIPARA TEA GARDEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. K. Goswami, learned counsel for the petitioner(s). Also heard Mr. P. C. Deka, learned senior counsel representing respondent No. 5 (Workman). Mr. B. J. Ghosh, learned Government Advocate represents the official respondents.

(2.) IN this case the management of Nonaipara Tea Garden challenges the reference made by the Government under the INdustrial Disputes Act, 1947 (hereinafter referred to as "the Act"). They also challenge the report of the Labour and Conciliation Officer by contending the same to be an incomplete report. The order dated 24.7.2006 (Annexure-XI to the writ petition) directing maintenance of status quo on the room allotted to the workman at the time of his employment is also under challenge in the instant proceeding. RELEVANT FACTS

(3.) DEFENDING the reference, it is argued by Mr. P. C. Deka, learned senior counsel that the workman on the very next day reported that he was forced to resign on 15.9.2005 and under such circumstances, the resignation of the workman can not be assumed to be voluntary and this has to be considered as a relevant factor, for framing the reference under the provision of Section 10 of the Act.