PUB MANGALDAI Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-12-37
HIGH COURT OF GAUHATI
Decided on December 12,2018

Pub Mangaldai Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Mr. M.H. Choudhury, learned counsel for the petitioners as well as Mr. B. Deuri, learned Govt. Advocate appearing for State respondents.
(2.) The grievance of the petitioners in the present writ petition is that the previous executive body of petitioner No.1, namely, Pub-Mangaldoi Besarkari Paribahan Sromik Sangtha had misappropriated a huge amount of money of the said Labour Union and did not hold the General Body meeting years together. Even after issuance of notice by the Labour Inspector, Darrang, Mangaldoi for attaining his office on 01.08.2014, the members of the previous executive body did not appear before the said authorities. Therefore, the General members of the petitioner No.1, Labour Union had convened a meeting on 31.08.2014 and after forming a new committee, the Labour Commissioner, Assam was apprised of such new committee. However, President and Secretary of the erstwhile executive body had started troubling the petitioners and its members and have not permitted the newly formed executive body to function. Hence, by filing this writ petition, the petitioners have prayed for a direction to the Deputy Commissioner, Darrang, Mangaldoi to give full protection to the petitioners in discharging the duty of the said Labour Union.
(3.) The learned counsel for the petitioners has submitted that as the petitioner No.1, Labour Union is duly registered under the Trade Union Act, the State authorities owe a duty to the petitioners to permit the lawfully constituted Executive body to function. It is submitted that the previous executive body has taken away all the requisite registers, account books and the Constitution of the said Labour Union and thereby disturbing the functioning of the present executive body.;


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