Gauhati High Court
WP(C)/880/2011 of THE MANAGEMENT OF U.F.M INDUSTRIES LTD. Vs SHRI SASHI MOHAN ROY and ORS on 18 May 2026
GAHC010190582011 2026:GAU-AS:6918 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/880/2011 THE MANAGEMENT OF U.F.M INDUSTRIES LTD. DUMARDAHA, P.O. BALAJAN, DIST DHUBRI, ASSAM VERSUS SHRI SASHI MOHAN ROY and ORS S/O LT. KHUTURU ROY R/O
GAHC010190582011
2026:GAU-AS:6918
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/880/2011
THE MANAGEMENT OF U.F.M INDUSTRIES LTD.
DUMARDAHA, P.O. BALAJAN, DIST DHUBRI, ASSAM
VERSUS
SHRI SASHI MOHAN ROY and ORS
S/O LT. KHUTURU ROY R/O DUMARDAHA, P.O. BALAJAN, P.S. GAURIPUR, DIST. DHUBRI, ASSAM.
2:MD. MOHAMMAD ALI
S/O LT. MD. MAISUDDIN
R/O DUMARDAHA
P.O.BALAJAN
P.S.GAURIPUR
DIST DHUBRI
ASSAM
3:PABITRA KUMAR ROY
S/O LT. NAGEN ROY
R/O DUMARDAHA
P.O.BALAJAN
P.S.GAURIPUR
DIST DHUBRI
ASSAM
4:U.F.M. INDUSTRIES SHRAMIK SANTHA
REP. BY ITS SECY
DUMARDAHA
P.O. BALIJAN
DIST. DHUBRI
ASSAM
Advocate for the petitioner(s): Mr. A Dasgupta Senior Counsel Mr. B Prasad Advocate for the respondent(s): Mr. S Das For the respondents.
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
19.05.2026
Heard Mr. A Dasgupta, the learned Senior Counsel assisted by Mr. B Prasad, the learned counsel appearing on behalf of the petitioner. Also heard Mr. S Das, the learned counsel who appears on behalf of the respondents.
2. The present writ petition has been filed challenging the Award dated 09.07.2010 passed by the learned Labour Court, Assam, in Reference Case No.12/2009.
3. The record reveals that pursuant to orders passed by this Court on 03.02.2026, two joint affidavits have been filed on 05.03.2026 and 30.03.2026, whereby it is seen that the dispute involved between the petitioner and the respondents have been amicably settled.
4. From a perusal of the Joint Affidavit filed on 05.03.2026, it is seen that a memorandum of settlement has been entered into on 25.02.2026 between the petitioner and the legal representatives of Late Sashi Mohan Roy and Sri Pabitra Kumar Roy, whereby it is agreed that the legal representatives of the of Late Sashi Mohan Roy would be paid a one-time final settlement of Rs.30,000/-, and Sri Pabitra Kumar Roy would be paid a full and final settlement of Rs.28,000/-.
5. The records further reveal that another Joint Affidavit was filed on 30.03.2026, whereby a Memorandum of Settlement dated 28.03.2026 was brought on record and in terms with the same, an amount of Rs.31,682/- would be paid to Md. Mahammad Ali as full and final settlement of all the claims.
6. This Court has duly perused the Joint Affidavits as well as the Terms of Settlement and in the opinion of this Court, the same have been entered into without any fraud or coercion.
7. Considering the above, this Court, therefore, deems that settlement had been reached between the petitioner and the workmen within the meaning of Section 2(p) read with Section 18 of the Industrial Disputes Act, 1947.
8. The parties, therefore, shall act on the settlement so arrived.
9. The Award dated 09.07.2010 passed by the learned Labour Court, Assam, in Reference Case No.12/2009, in view of the settlement arrived at, stands satisfied.
10. The amount shall also be disbursed to the respective workmen or the legal representatives of the workmen within 15(fifteen) days from the date of the present order.
11. The writ petition, accordingly, stands disposed of.
12. This Court further observes and directs that the above Memorandum of Settlement is only in respect to the Award dated 09.07.2010 passed in
Reference Case No.12/2009. In addition to that, the workmen/legal representatives of the workmen shall be entitled to the terminal benefits viz. Gratuity which shall also be released to the workmen within 15(fifteen) days from the date of the instant order.
13. Let the records be returned to the learned Labour Court.
JUDGE Comparing Assistant