Gauhati High Court
Siemngul Hmar And 49 Ors vs The State Of Assam And Ors on 19 February, 2019
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/14
GAHC010182162012
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1435/2012
1:SIEMNGUL HMAR and 49 ORS
C/O FRUIT PRESERVATION UNIT, BORO HAFLONG, AHSIDC LTD., P.O. and
P.S. DIPHU, DIST- KARBI ANGLONG, ASSAM
2: BHABESH DAS
C/O HEAD OFFICE
AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
3: HEM CH. NARGARY
VILL KHEJUR GAON
P.O. DOKMOKA
DIST- KARBI ANGLONG
C/O AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
4: GAJENDRA CHANDRA BARMAN
VILL DIBARAI
P.O. and PS. HAFLONG
DIMA HASAO
C/O FRUIT PRESERVATION UNIT
BORO-HAFLONG
AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
5: LAKHI KANTA BEZ
Page No.# 2/14
C/O GODOWN
MANJA
UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
6: MANORANJAN BRAHMA
VILL GARAKHIAP0UKHURI
P.O. KACHUPUKHURI
MIKIR HILLS
ASSAM
C/O KHANDSARI SUGAR MILL
MANJA
UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
7: RAM ENGTI
C/O KHANDSARI SUGAR MILL
MANJA
DIST KARBI ANGLONG UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
8: SARBESWAR KALITA
VILL ALIKASH
P.O. CHAYGAON
DIST- KAMRUP
ASSAM
C/O AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
9: CHANDI DAS
C/O HAWAIPUR CHENIKAL
HAWAIPUR UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
10: RUPSING TIMUNG
C/O KHANDSARI SUGAR MILL
MANJA UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
Page No.# 3/14
DIST- KARBI ANGLONG
ASSAM
11: JOYSING ENGTI
C/O KHANDSARI SUGAR MILL
MANJA UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
12: RABIN SWARGIARY
S/O SHRI BORUN SWARGIARY
GORJOGA
P.O. KACHUPUKHURI TINALI
DIST- KARBI ANGLONG
C/O HAWAIPUR CHENIKOL
HAWAIPUR UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
13: WENLEY MASA
VILL JATINGA
P.O. HAFLONG
DIST- DIAM HASAO
C/O FRUIT PRESERVATION UNIT
BORO HAFLONG
UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
14: ABELSON SUCHEN
C/O FRUIT PRESERVATION UNIT
BORO-HAFLONG
UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
15: LALIT BARUAH
VILL TAMULI GAON
P.O. MOIJHANJI
DIST- JORHAT
C/O AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
Page No.# 4/14
16: DIPUL RAIJUNG
C/O AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
17: DIJEN ROY BARUAH
C/O KHANDSARI SUGAR MILL
MANJA UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
18: LONGKI TERON
C/O FRUIT PRESERVATION UNIT
DEITHOR
UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
19: BHOGESWAR RAJBONGSHI
C/O FRUIT PRESERVATION UNIT
DEITHOR
UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
20: BITOMONI BORA
C/O FRUIT PRESERVATION UNIT
BORO-HAFLONG
UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
21: MOHAN DEKA
C/O HEAD OFFICE
AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
22: HEM KANTA BORAH
SUNPURAGAON
P.O. BAKULIAGHAT
Page No.# 5/14
MIKIR HILLS
ASSAM
C/O KHANDSARI SUGAR MILL
MANJA UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
23: NABA KUMAR BASUMATARY
C/O KHANDSARI SUGAR MILL
MANJA UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
24: TIKARAM SHARMA
C/O FRUIT PRESERVATION UNIT
BORO-HAFLONG UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
25: BIMAL BAGLARI
VILL JAMGURI
P.O. LANGHIN TINALI VIA DOBOKA
DIST- KARBI ANGLONG
C/O HAWAIPUR CHENIKOL
HAWAIPUR UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
26: DIGEN RONGPI
RONGBANG PATHER
P.O. MANJA
DIST- KARBI ANGLONG
C/O KHAND-SARI
SUGAR MILL
MANJA UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
27: TONIC MAZUMDER
C/O HAWAIPUR CHENIKOL
HAWAIPUR UNDER AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
Page No.# 6/14
ASSAM
28: DILIP ENGTI
AHSIDC LTD.
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
29: SATISH CH. BARUAH
AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
30: RAM CHANDRA MAZUMDAR
AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
31: PURNIMA TERANGPI
AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
32: DEBO KR. TALUKDAR
FRUIT PRESERVATION UNIT
BRO-HAFLONG
DIMA HASAO
HAFLONG UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
33: RAM PRASAD SHARMA
FRUIT PRESERVATION UNIT
BRO-HAFLONG
DIMA HASAO
HAFLONG
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
34: KARMESWAR TALUKDAR
KANDSARI SUGAR MILL
MANJA UNDER AHSIDC LTD. DILAJEE
Page No.# 7/14
DIPHU
DIST- KARBI ANGLONG
ASSAM
35: SANGLIABE JEME
W/O LATE INCHELUNGBE JEME
REPRESENTED FOR AND ON BEHALF OF LATE INCHELUNGBE JEME
EX-BOILER HELPER FRUIT PRESERVATION UNIT
BRO-HAFLONG
DIMA HASAO
HAFLONG UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
36: RAJEN CH. KALITA
RMRW
SUGAR and OIL MILL
MANJA
AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
37: SUKLESWAR BEZBARUAH
RMRW
FRUIT PRESERVATION UNIT
DEITHOR
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
38: RATAN BAISHYA
RMRW
SUGAR and OIL MILL
MANGA
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
39: SASHI KANTA BARMAN
RMRW
SUGAR and OIL MILL
MANJA
UNDER AHSIDC LTD. DILAJEE
DIPHU
Page No.# 8/14
DIST- KARBI ANGLONG
ASSAM
40: RONGALAL NEPAL
RMRW
HOWAIPUR CHENIKOL
MAILOO
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
41: DULAL HAZARIKA
RMRW
FRUIT PRESERVATION UNIT
BORO HAFLONG
N.C. HILL
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
42: ANIL BAGLARY
MRW
SUGAR and OIL MILL
MANJA
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
43: MOLENDRA ZIDDYUNG
MRW
SUGAR and OIL MILL
MANJA
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
44: MOLENDRA ZIDDYUNG
MRW
SUGAR and OIL MILL
MANJA
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
Page No.# 9/14
ASSAM
45: NOBIN ZIDDYUNG
MRW
SUGAR and OIL MILL
MANJA
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
46: RAMPAL BALMIKI
MRW
SUGAR and OIL MILL
MANJA
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLONG
ASSAM
47: TOP BAHADUR CHETRY
MRW
FRUIT PRESERVATION UNIT
BORO HAFLONG
N.C. HILLS
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLING
ASSAM
48: KYRSHANGLONG PACHOUN
MRW
FRUIT PRESERVATION UNIT
BORO HAFLONG
N.C. HILLS
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLING
ASSAM
49: KRISHNA BAHADUR THAPA
MRW
FRUIT PRESERVATION UNIT
BORO HAFLONG
N.C. HILLS
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLING
Page No.# 10/14
ASSAM
50: MONAN NAIDUNG
MRW
DIYUNGBRA
N.C. HILLS
UNDER AHSIDC LTD. DILAJEE
DIPHU
DIST- KARBI ANGLING
ASSAM
51: KOMOL TERON
MRW
UNDER AHSIDC LTD
DILAJEE
DIPHU
DIST- KARBI ANGLING
ASSA
VERSUS
1:THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVT.
OF ASSAM, HILLS AREA DEPARTMENT, DISPUR, GHY-6
2:THE COMMISSIONER
HILLS AREA DEVELOPMENT DEPARTMENT OF ASSAM
HOUSEFED COMPLEX
DISPUR
GHY-6
3:THE COMMISSIONER
PUBLIC ENTERPRISE DEPARTMENT
ASSAM
DISPUR
GHY-6
4:THE COMMISSIONER
FINANCE DEPARTMENT TO THE GOVT. OF ASSAM
DISPUR
GHY-6
5:THE MANAGING DIRECTOR
ASSAM HILLS SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD.
DIPHU
KARBI ANGLONG
ASSAM
PIN-782460
Page No.# 11/14
6:THE DY. COMMISSIONER
KARBI ANGLONG
P.O. and P.S. DIPHU
DIST- KARBI ANGLONG
ASSAM
PIN-782460
7:THE DY. COMMISSIONER
DIMA HASAO
P.O. and P.S. HAFLONG
DIST- DIMA HASAO
ASSA
Advocate for the Petitioner : MR.A A R KARIM
Advocate for the Respondent : MR.J HANDIQUE
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 19-02-2019 Heard Mr. T J Mahanta, the learned senior counsel assisted by Mr. B. Gogoi for the petitioners. Also heard Mr. G. Pegu, the learned State counsel appearing for the respondent Nos. 1, 2, 3, 6 & 7. Mr. B K Bhagawati, the learned counsel appears for the respondent No. 5. Mr. P Nayak, the learned counsel appears for the respondent No. 4.
2. 50 writ petitioners have joined hands in filing the present writ petition. They are Grade-III and Grade-IV employees of the Assam Hills Small Industries Development Corporation Ltd (Corporation). The Corporation was formed in the year 1968 and registered under the Companies Act, 1956. As per the Memorandum and Articles of Association of the Corporation, in its initial inception, 10,000 equity shares were subscribed by the Planning Board & Development Commissioner for Hill areas of Assam and one equity share by the Finance Department, Government of Assam.
Page No.# 12/14
3. The petitioners were appointed on different dates and some of them have been regularized in service. The grievance of the petitioners is that although they are regularly working in their respective posts, they have not been paid their salaries since the month of June, 2004. The representations submitted by them praying for release of their salaries having not received any positive response, they have filed the instant writ petition.
4. At the outset, Mr. T J Mahanta, the learned senior counsel submits that the respondent authorities concerned to some extent have paid the salaries of the petitioners after filing of the writ petition but there are still some amount left to be paid to them. He also submits that meanwhile, some of the petitioners have retired from service. He therefore submits that Court may direct the respondents to release the balance dues of the petitioners in a phase manner and to be paid within a time frame.
5. Mr. B K Bhagawati, the learned counsel appearing for the respondent No. 5 submits that the arrear salaries that is due to be paid to the employees of the respondent No. 5 is for 115 months. He submits that some of the arrear dues have already been cleared and the dues of those employees who opted retirement through the Voluntary Retirement Scheme (VRS) has been cleared and is up-to-date. It is only an admitted fact that the respondent No. 5 Corporation suffered great financial crunch particularly in earlier times but now, it is making some profit. Therefore, the Corporation somehow has managed to pay the salaries of its employees from the month of April, 2015 but in the old pay scale. But, the back log arrear salaries w.e.f. the year 2004 upto 2009 still remains and therefore, Court may be please to direct the State Government to extent financial support to the Corporation for clearing the arrear salaries of the employees.
6. Mr. G. Pegu, the learned State counsel by referring to the affidavit-in- opposition filed by the respondent No. 1 on 19.08.2015 submits that the respondent No. 5 Corporation is managed by the Board of Directors and they are the sole authority, who are responsible for the affairs of the Corporation Page No.# 13/14 including the payment of the salaries and other benefits to its employees. The expenditure towards salaries is to be made by the Corporation from his own resources and the State Government has no liability for giving financial support towards salaries and other benefits to the Corporation.
7. Similarly, Mr. P Nayak, the learned counsel appearing for the respondent No. 4 submits that merely because 100% shares are owned by the Government of Assam, the same will not make the Corporation an instrumentality of the State as defined under Article 12 of the Constitution of India. Employees of Government Companies are not government servants and they have no legal right to claim that the Government should pay their salaries or the additional expenditure on account of revision of pay scale. In support of his submission, Mr. P Nayak relies upon the decision of the Apex Court rendered in A.K. Bindal & Anr Vs. Union of India & Ors. reported in (2003) 5 SCC 163 and State of Assam Vs. Barak Upatyaka D.U. Karmachari Sanstha reported in (2009) 5 SCC
694.
8. Considering the submissions advanced by the learned counsels for the parties, the objections raised by the learned counsels for the State respondents may not require an examination of the case on merit since the learned senior counsel Mr. T J Mahanta submits that the petitioners have been paid their pending salaries to some extent and therefore, the balance amount may also be directed to be paid to them as early as possible and if not in a phase manner.
9. The submission of Mr. B K Bhagawati, the learned counsel for the respondent No. 5 Corporation that the Corporation is making some profit and the arrear salaries of the employees are being paid from such profits to the extent possible without compromising with the growth and development of the Corporation is noted. It is also noticed that a number of correspondences has been made by the respondent No. 5 Corporation to the Department of Hill areas wherein, the Corporation has sought the assistance of the State Government. Technically, the State Government may not be liable to extent financial support to the Corporation but in view of the financial difficulty faced by the Page No.# 14/14 Corporation, the State Government in the Hills Department as well as in the Finance Department may consider extending financial assistance to the extent possible. The respondent No. 5 Corporation shall also continue to pay the petitioners their current and arrear salaries by devising a method particularly to clear the arrear dues in a phase and expeditious manner.
10. With the above observations and directions, the writ petition stands disposed of.
JUDGE Comparing Assistant