Assam State Weaving And ... vs The State Of Assam And 4 Ors
2021 Latest Caselaw 1324 Gua

                                                                   Page No.# 1/3

GAHC010225142014




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/1719/2014

            ASSAM STATE WEAVING and MANUFACTURING CO. LTD.EMPLOYEE'S
            UNION
            KATIMARI PATHAR, P.O. HERAPATTY, DIST- NAGAON, REPRESENTED BY
            THE GENERAL SECRETARY



            VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
            DISPUR, GUWAHATI

            2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
             INDUSTRIES DEPARTMENT
             DISPUR
             GUWAHATI

            3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
             PUBLIC ENTERPRISES DEPARTMENT
             DISPUR
             GHY.

            4:ASSAM INDUSTRIES DEVELOPMENT CORPORATION
             R.G. BARUAR ROAD
             GUWAHATI
             REPRESENTED BY THE MANAGING DIRECTOR

            5:THE MANAGING DIRECTOR
            ASSAM INDUSTRIES DEVELOPMENT CORPORATION
             R.G. BARUAR ROAD
             GUWAHAT

Advocate for the Petitioner   : MR.G UZIR
                                                                                          Page No.# 2/3


Advocate for the Respondent :

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 05.04.2021

Heard Mr. M. Saikia, learned counsel appearing for the petitioners and Mr. N. Goswami, learned Government Advocate, Assam for the respondent Nos. 1 and 3.

It is seen that the names of the learned Standing counsels for the Industries Department for the respondent No. 2 and Assam Industries Development Corporation for the respondent Nos. 4 and 5 have not been reflected in the cause list.

Petitioners were the employees of the Assam State Weaving and Manufacturing Company Limited, a public Sector Undertaking which was involved for production of various qualities of clothing. The said Company remained closed and inoperative for many years. Even on effort for its revival, the said company failed to start and as such, on the basis of the reports of the Industries and Commerce Department of the State Government, the petitioners' Company was formally closed since May, 2006.

The State Government in the Industries and Commerce Department took a policy decision to release employees of the said Company with due compensation under revised Voluntary Retirement Scheme that was issued on 15.02.2006 and accordingly, the State Government sanctioned and disbursed Rs. 1115.54 Lakh for the payment of liabilities of the employees of said Company under the VRS policy dated 15.02.2006, noted above.

The members of the Company/Union herein were also paid the revised pay on the basis of the Assam Service (Revised of Pay) Rules, 1998 that was effective at the time of closure of the concerned Company.

The petitioners herein now claiming House Rent Allowances, Medical Allowances and Ex- gratia for 30 days in terms of the scheme prepared by the Government of India for VRS in the year 1998 and also in terms of the judgment dated 03.01.2014 passed in WP(C) No. 4355/2010.

Petitioners' contention herein is that the employees of the STATFED, Assam were given such Page No.# 3/3

benefits as claimed by the present petitioners while the STATFED was closed down and the Court by the said order dated 03.01.2014 passed in WP(C) No. 4355/2010 directed the State Government to give such benefits to the employees of the STATFED, Assam.

However, petitioners herein though claimed for their benefits as granted to the employees of the STATFED by order dated 03.01.2014 passed in WP(C) No. 4355/2010 but they failed to establish as to how they are similarly placed with all such employees of the STATFED, Assam for the purpose of taking benefits of House Rent Allowances, Medical Allowances and Ex-gratia.

At this stage, Mr. Saikia, learned counsel for the petitioners, prays for some time to place the relevant scheme at VRS under which VRS were issued to them by the State Government and also for entitlement of the House Rent Allowances, Medical Allowances and Ex-gratia.

List this matter on 26.04.2021.

The petitioners on or before 19.04.2021 by filing an additional affidavit in the matter shall apprise the Court about the scheme under which they are entitled for such House Rent Allowances, Medical Allowances and Ex-gratia that was applicable in the VRS scheme and also applicable in VRS policy of the State Government dated 15.02.2006, noted above.

Registry shall reflect the names of learned Standing counsels for the Industries Department for the respondent No. 2 and Assam Industries Development Corporation (AIDC) for the respondent Nos. 4 and 5 along with the name of the learned Standing counsel for the Public Enterprises Department of the State in the cause list.

JUDGE

Comparing Assistant