Gauhati High Court
All Assam Handloom And Textile Sramik ... vs State Of Assam And Anr. on 10 March, 2004
Equivalent citations: (2004)2GLR475
Author: D. Biswas
Bench: D. Biswas
JUDGMENT D. Biswas, J.
1. Head Mr. A.S. Choudhury, the learned senior counsel for the writ petitioner and Mrs. V.L. Singh, the learned State counsel.
2. The members of the petitioner Association, namely. All Assam Handloom and Textile Sramik Santha have filed this writ petition in representative capacity through their President and Secretary for payment of wages as per Government circular. It appears from the statement of particulars of the employees (Annexure-2) that a number of them joined as Muster Roll/Casual Workers prior to 1.4.1993 and the remaining members joined thereafter. They have raised two fold grievances in this petition, firstly, for non-payment of wages as per Government circular and secondly, delay in consideration of their case for regularisation.
3. First, let me address the question relating to payment of minimum wages. It would appear for the officer memorandum dated 18th September, 1997 issued by the Secretary to the Government of Assam in the Finance Department that their consolidated pay was raised to Rs. 1440 from Rs. 900 with effect from 1.9.1997 and enhanced pay has been made available to casual workers appointed before 1.4.1993, The officer memorandum dated 18th September, 1997 issued by the Deputy Secretary to the Government of Assam in the Finance Department shows that the consolidated pay of Rs. 1440 has been revised to Rs. 1800 payable with effect from 1.10.1998. It is further clarified in this office memorandum that the persons who were appointed prior to 1.4.1993 would be getting the benefit of enhanced pay and those persons who were appointed after 1.4.1993 with prior approval of the Finance Department would also be entitled to the benefit of the enhanced pay. Therefore, there cannot be any dispute with regard to claim of the writ petitioners who were appointed prior to 1.4.1993 that they are entitled to the benefit of enhancement. In so far the persons appointed after 1.4.1993 are concerned, an exercise appears to be necessary for the purpose of ascertaining as to whether they were appointed with approval of the Finance Department or not. It is reiterated here that only those who were appointed with approval of the Finance Department after 1.4.1993 would be entitled to the benefit of enhanced pay.
4. Mr. A.S. Choudhury, the learned senior counsel referred to the letter written by the Director of Handloom and Textiles, Assam to the Secretary to the Government of Assam in the Finance Department for release of fund for payment to the workers/employees under the aforesaid two memoranda. Mr. Choudhury submitted that despite entitlement and the matter having taken been up by the Director, no decision has been taken by the State Government to release the fund. Mr. Choudhury argued that a large number of the members of the Association were appointed during the year 1980 and thereafter and, therefore, they are entitled to consideration for regularisation also in accordance with the Government policy embodied in the letter dated 20th April, 1995 issued by the Chief Secretary to the Government of Assam.
5. It would appear from the aforesaid communication dated 20th April, 1995 that the concerned departments of the State Government were directed to take necessary action in consultation with the Finance Department for early regularisation of the services of the employees engaged prior to 1.4.1993. Many of the members of the petitioner Association are obviously entitled to consideration for regularisation in terms of the aforesaid communication issued by the Chief Secretary. This is with regard to those who were appointed prior to 1.4.1993. That apart, the officer memorandum dated 30th October, 2001 also indicate that the State Government decided to consider the regularisation of the Muster Roll workers/work charged engaged after 1.4.1993. This circular also entitled the members of the petitioner Association appointed after 1.4.1993 to consideration for regularisation provided they have completed 5 years service before 24.1.2001.
6. In the facts and circumstances narrated above, this petition is disposed of with the following directions :
(i) The respondent authority shall take appropriate steps for allocation of fund for payment to the members of the petitioner Association @ Rs. 1400 with effect from 1.9.1997 and@Rs. 1800 with effect from 1.10.1998 appointed prior to 1.4.1993 ;
(ii) The respondent authority shall ascertain as to whether the persons appointed after 1.4.1993 with approval of the Finance Department and, if so, fund should be released for payment to them at the rate as indicated in the preceding para; and
(iii) Steps should also be initiated for consideration and regularisation of the services of the members of the petitioner Association in accordance with the circulars/memoranda dated 18.9.1997, 14.10.1998 and 30.10.2001 referred to hereinbefore.
7. In so far the payment is concerned, appropriate decision shall be taken and implemented within a period of four months from the day when a copy of this judgment is furnished. With regard to the regularisation, order shall be issued in a phased manner considering the cases of the members of the petitioner Association along with other similarly situated persons strictly in accordance with the provisions of the Government policy.
No costs.