Gauhati High Court
WP(C)/1471/2025 of JANAMBHUMI PRESS PVT LTD Vs THE STATE OF ASSAM on 11 June 2026
GAHC010055132025 2026:GAU-AS:8440 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1471/2025 JANAMBHUMI PRESS PVT LTD HAVING ITS REGISTERED OFFICE AT JANAMBHUMI BUILDING,TULSINARAYAN SARMA ROAD,POST BOX NO.1,JORHAT,ASSAM-785001, REP BY ITS
GAHC010055132025
2026:GAU-AS:8440
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1471/2025
JANAMBHUMI PRESS PVT LTD
HAVING ITS REGISTERED OFFICE AT JANAMBHUMI
BUILDING,TULSINARAYAN SARMA ROAD,POST BOX
NO.1,JORHAT,ASSAM-785001,
REP BY ITS AUTHORISED REPRESENTATIVE, SRI MONOJIT SHARMA , AGE-63, S/O-LATE CHANDRA KANTA SARMAH,R/O- BHABANI RESIDENTIAL
COMPLEX,A-3, PUBERUN PATH, HATIGAON, GUWAHATI-38, ASSAM, WORKING AS GM AT JANAMBHUMI PRESS PVT LTD
VERSUS
THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, LABOUR AND
EMPLOYMENT DEPARTMENT,DISPUR,GUWAHATI,ASSAM-781006
2:THE LABOUR COMMISSIONER
OFFICE OF THE LABOUR COMMISSIONER
SHRAM BHAWAN
GUWAHATI
ASSAM-781007
3:THE ASSISTANT LABOUR COMMISSIONER
OFFICE OF THE ASSISTANT LABOUR COMMISSIONER
SHRAM BHAWAN
GUWAHATI
KAMRUP(M)
ASSAM-781007
4:SRI ACHYUT KASHYOP
S/O- LATE SHIDDHESWAR SARMA KHOUND
R/O- OF MALOWALIRAJOTIA
BYE-LANE NO.4
P.O AND DIST-JORHAT
ASSAM-78500
Advocate for the petitioner(s): Mr. R Sarmah Advocate for the respondent(s): Mr. K Gogoi For respondent Nos.1, 2 and 3
Mr. R Islam, the legal Aid Counsel
For respondent No.4.
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
12.06.2026 The petitioner herein has assailed the orders dated 10.12.2024 and 20.02.2025 passed by the learned Presiding Officer, Industrial Tribunal Guwahati in Reference Case No.5/2022. The challenge to the order dated 20.02.2025 is on the ground that the learned Industrial Tribunal, Guwahati has allowed the Petition No.15/2024 and Petition No.20/2025 both filed on the same date, without granting an opportunity to the petitioner to object to the Petition No.20/2025.
2. It is well settled that an industrial dispute should be disposed of at the earliest inasmuch as, delay in disposal of an industrial dispute may lead to wrecking the morale of the workman and compel him to surrender which he may not, otherwise, do.
3. In the Constitution Bench Judgment of the Supreme Court in the case of
Karnataka State Road Transport Corporation Vs. Smti Lakshmidevamma and Another reported in (2001) 5 SCC 433, the Supreme Court further emphasized that even a decision on the preliminary issue should not be entertained by way of a writ proceeding inasmuch as, it would amount to stalling the final adjudication of the dispute by the Labour Court. The Supreme Court further held that the decision with regard to the preliminary issue can be very well adjudicated even after the final award is passed.
4. The learned counsel appearing on behalf of the petitioner submitted that the impugned orders suffer from procedural error which were committed by the learned Industrial Tribunal. The learned counsel for the petitioner further submitted that the petitioner would not like to press the instant writ petition without prejudice to avail remedies of procedural review and/or application seeking recall, if permissible under the law.
5. Taking into account the above submission, the writ petition stands closed on withdrawal.
6. The petitioner would be at liberty to apply for review of the orders dated 10.12.2024 as well as 20.02.2025 within the scope of procedural review/recall as per the judgment of the Supreme Court in the case of Grindlays Bank Ltd Vs. Central Government Industrial Tribunal & Others reported in AIR 1981 SC 606.
7. Interim order passed earlier stands vacated.
8. The parties being duly represented are directed to appear before the learned Industrial Tribunal, Guwahati on 13.07.2026. JUDGE Comparing Assistant