Gauhati High Court
WP(C)/2742/2026 of SHRI BIDYUT KUMAR DAS Vs THE STATE OF ASSAM AND 9 ORS on 24 June 2026
GAHC010103862026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2742/2026 SHRI BIDYUT KUMAR DAS SON OF LATE BIPIN CHANDRA DAS, REGISTRAR, LABOUR COURT, GUWAHATI, D.C. OFFICE BUILDING, HENGRABARI, GUWAHATI - 781036, DISTRICT -
GAHC010103862026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2742/2026
SHRI BIDYUT KUMAR DAS
SON OF LATE BIPIN CHANDRA DAS, REGISTRAR, LABOUR COURT, GUWAHATI, D.C. OFFICE BUILDING, HENGRABARI, GUWAHATI - 781036, DISTRICT - KAMRUP(M), ASSAM.
VERSUS
THE STATE OF ASSAM AND 9 ORS
THROUGH THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, LABOUR WELFARE DEPARTMENT, DISPUR, GUWAHATI - 781006, ASSAM.
2:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM
LABOUR WELFARE DEPARTMENT
DISPUR
GUWAHATI -781006
ASSAM.
3:THE LEGAL REMEMBRANCER AND SECRETARY TO THE GOVERNMENT
OF ASSAM
JUDICIAL DEPARTMENT
DISPUR
GUWAHATI - 781006
ASSAM.
4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI - 781006
ASSAM.
5:THE REGISTRAR GENERAL
GAUHATI HIGH COURT
GUWAHATI - 781001
ASSAM.
6:THE REGISTRAR (VIGILANCE)
GAUHATI HIGH COURT
GUWAHATI - 781001
ASSAM.
7:THE PRESIDING OFFICER
LABOUR COURT
GUWAHATI 781036
ASSAM.
8:THE PRESIDING OFFICER
INDUSTRIAL TRIBUNAL
DIBRUGARH - 786001
ASSAM
9:SRI UTPAL PRASAD
SON OF (NOT KNOWN TO THE PETITIONER) PRESIDING OFFICER
INDUSTRIAL TRIBUNAL
DIBRUGARH - 786001
ASSAM.
10:SMT POLLY KOCH
DAUGHTER OF LATE PHANIDHAR KOCH
RESIDENT OF JAPORIGOG
P.O. AND P.S.- DISPUR
GUWAHATI - 781005
DISTRICT - KAMRUP(M)
ASSAM
For the Petitioner(s) : Mr. S. Dutta, Sr. Advocate Mr. P. Sengupta, Advocate For the Respondent(s) : Mr. M. Chetia, Govt. Advocate Mr. H. K. Das, SC, GHC
Mr. N. K. Sarmah, Advocate
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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O R D E R
25.06.2026
The instant writ petition has been filed by the Petitioner herein who is aggrieved by the action on the part of the Respondent No.8 in not transferring/releasing his name in fin.assam portal from the Industrial Tribunal, Dibrugarh to the Labour Court, Guwahati.
2. This Court vide a separate judgment and order has set aside the Notification dated 11.03.2026, whereby the transfer of the Petitioner herein from Registrar, Industrial Tribunal, Dibrugarh to Registrar, Labour Court, Guwahati has been interfered with. Under such circumstances, the directions which have been sought for by the Petitioner herein to the Respondent No.8 to immediately transfer/release the name of the Petitioner in the fin.assam portal from Industrial Tribunal, Dibrugarh to the Labour Court, Guwahati cannot be passed.
3. Be that as it may, this Court duly takes note of that the Petitioner and the Respondent No.10 have been in a state of confusion on account of the illegal transfer orders dated 20.06.2025 and 11.03.2026. These transfer orders have now been set aside. It is also relevant to note that the transfer orders dated 20.06.2025 and 11.03.2026 were in violation to Article 235 of the Constitution, and as such, were nonest as it is Gauhati High Court who had the sole authority as regards the posting of the Petitioner and the Respondent No.10. Under such circumstances, in view of the setting aside of the transfer orders and being deemed as nonest, the Petitioner would be construed to have been posted in the post of the Registrar, Industrial Tribunal, Dibrugarh and the Respondent No.10, the Registrar, Labour Court, Guwahati prior to the transfer order dated 20.06.2025.
4. It is an admitted position that on account of the illegal transfer orders and the litigations, both the Petitioner and the Respondent No.10 have not received their salary and other entitlement.
5. The Respondents herein, more particularly, the Respondent Nos.2, 3, 4 and 8 are required to take immediate steps for release of the salaries and entitlement to both the Petitioner and the Respondent No.10 by taking into account that the Petitioner’s place of posting as Registrar, Industrial Tribunal, Dibrugarh and the Respondent No.10 as Registrar, Labour Court, Guwahati.
6. The said exercise be completed within a period of 30 days from the date certified copies of the instant order are served upon the Respondent Nos.2, 3 & 8.
7. This Court further directs that upon steps being taken by the Respondent Nos. 2, 3 and 8 for release of the salary and other entitlement of the Petitioner and the Respondent No.10, the Respondent No.4 shall do the needful so that the entitlements are disbursed within the time stipulated above.
8. The writ petition accordingly stands disposed of.
JUDGE Comparing Assistant