MANAGEMENT OF DAINIK JUGAS-ANKHA Vs. FAZLUZZAMAN MAZUMDER

JUDGEMENT

(1.) Heard Mr. J. I. Borbhuiya, the learned counsel for the petitioner and Mr. F. Z. Mazumder, the learned respondent-in-person.

(2.) The presence of the respondent No.2 is not essential for disposal of the instant case and as such, the name of the respondent No.2 is struck off.

(3.) The instant writ petition has been filed assailing the order dtd. 15/2/2019 passed in Case No.16/2018 by the Presiding Officer of the Labour Court, Guwahati. For ascertaining the dispute involved in the instant proceedings, it would be relevant to take note of that the respondent herein claimed that he was appointed as a Sub-Editor by the daily newspaper "Dainik Jagasankha" in the year 2005. Thereupon in the year 2012, he was promoted as the Staff Reporter. However, on 27/5/2015, the Management of the Daily Newspaper "Dainik Jagasankha" on 26/5/2015 terminated the services of the respondent. The respondent thereupon approached the Labour Commissioner and submitted a written complaint on 13/6/2016 seeking entitlement for his lawful dues. The Labour Commissioner requested the Assistant Labour Commissioner on the basis of the said complaint filed by the respondent to enquire into the matter at the earliest and to take necessary action for recovery of the arrear wages and other dues. Thereupon, the respondent pursued the matter with the Assistant Labour Commissioner from time and again and ultimately on 1/2/2017, a notice was issued to the petitioner herein to submit written comments within 7 (seven) days. However, the petitioner did not reply to the said notice. Thereupon the Assistant Labour Commissioner fixed for a joint enquiry-cum-discussion on 17/3/2017 and also asked the Executive Director of the petitioner to attend the same with written comments. However, the Executive Director of the petitioner did not attend. Situated thus, on 31/3/2017, the Assistant Labour Commissioner informed the Executive Director of the petitioner by sending another notice directing the Management of the petitioner to respond to the said Office. In the said notice, it was also mentioned that a joint enquiry-cum-discussion would be held on 24/6/2017. However, the Management of the petitioner did not attend the joint discussion. Subsequent thereto, the respondent herein on 20/6/2017, submitted an amendment petition wherein the respondent amended his claims to his original complaint petition dtd. 23/6/2016. On the basis of the said amendment petition so filed, the Assistant Labour Commissioner again issued another notice to the Executive Director of the petitioner to attend or depute an authorized representative along with written comments on the issue to be discussed in the meeting to be held on 20/1/2018. However, the Management of the petitioner did not care to reply to the same or even attended the Office of the Assistant Labour Commissioner. Under such circumstances, the respondent herein approached this Court by filing a writ petition which was registered and numbered as WP (C) No.2655/2018. A perusal of the order passed on 4/6/2018 passed in WP(C) No. 2655/2018 shows that there was a consensus arrived at between the parties on the basis of which the said writ petition was disposed of by providing that the petitioner herein along with the respondent would appear before the Assistant Labour Commissioner, Ulubari, Assam on 20/6/2018 and thereafter would appear on each subsequent date(s) to be fixed by the Assistant Labour Commissioner, Ulubari, Assam in connection with the proceedings drawn up for settlement of the respondent's dues as per his entitlement under law. Accordingly, on the basis of the said order, both the petitioner herein as well as the respondent appeared before the Assistant Labour Commissioner on the date so fixed by this Court but the petitioner herein denied to compensate the workman. It is under such circumstances that the respondent herein filed an application under Sec. 2A read with Sec. 25(ZA) of the Industrial Disputes Act, 1947 before the Labour Court, Assam, Guwahati seeking various directions which are stated herein under:-