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September 13, 2009

High Court directs prosecution of tea management

High Court directs prosecution of tea management

SILCHAR, Sept 12: The management of the Cossipore Tea Estate in Cachar has been found guilty of not complying with the award passed by the Industrial Tribunal, here on December 14, 2005, directing the management to reinstate permanent worker Maina Pashi (45) who was dismissed from services without any valid ground. Barak Valley Cha Mazdoor Sangh (BVCMS) vice president Diresh Chandra Das said the case was taken up with the Assistant Labour Commissioner of Barak Valley. As the conciliation failed to resolve the case, it was referred to the Industrial Tribunal, Government of Assam, which on merit found the dismissal illegal and awarded the verdict in favour of Maina Pashi. The Tribunal directed the management of Cossipore Tea Estate to reinstate the worker with full wages and all arrears.
The Union, pointed out Dhiresh Chandra Das, approached the Assistant Labour Commissioner, for implementation of the award, but the latter did not take any positive action. Finding no other alternative, Barak Valley Cha Mazdoor Sangh, revealed Das, filled a writ petition vide WP (C) No. 3686/08 to Justice Ranjan Gogoi in Gauhati High Court, seeking enforcement of the award passed by the Industrial Tribunal, Silchar. The Judge found that Maina Pashi had already moved the appropriate Government for recovery of her wages and arrears under the provisions of the Industrial Dispute Act, 1947, Section 33(c) and Section 29.
The secretary to the Government of Assam, Labour and Employment Department, has been directed by the High Court to take necessary steps for prosecution of the Cossipore management under section 29 of the Industrial Dispute Act for violating the award of the Tribunal. In the meantime, Das disclosed that his Union is contemplating to file contempt proceedings against the Assistant Labour Commissioner and the tea management. (Source – The Sentinel)