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2014 Supreme(Gau) 774

IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
B.K. SHARMA, J.

JOGIGHOPA ASHOK KAGAJKAL SRAMIK SANTHA – Appellant
VS
THE STATE OF ASSAM & ORS – Respondents
WP(C) NO.3667/2008
Decided on: 27.11.2014

Advocates:
Advocate Appeared
For the Petitioner: Mr. HRA Choudhury, Adv.
For the Respondents: Mr. D. Saikia, AAG, Mr B.D. Das, Sr. Adv, Mr. S.C. Keyal, Asstt. SGI, Mr. J. Roy, SC, HPC, Mr. P.K. Roy, Adv

Headnote:

Employment and Service matter - Service benefits - Prayer made is to direct the respondents to pay the admissible salaries to the existing employees and workers for the periods indicated in the prayer portion of the writ petition specified - This writ petition has been filed by Jogighopa Ashok Kagajkal Sramik Santha, a registered Trade Union, espousing the cause of the employees and workers of Ashok Paper Mills (Assam) Ltd - Prayer made in the writ petition is to take a specific decision in respect of Mill and the future of its employees and workers within a specific period - Certain other prayers relating to service conditions of the employees and workers including payment of arrear salary etc have also been raised - Held, Irrespective of purported failure to revive Ashok Paper Mill as indicated in the affidavit and liberty to raise a grievance against same, it will be appropriate for respondents including Central Government to establish industry referred to in affidavit in form of Jute and Coconut industry, which shall be with utmost expedition and sincerity - It will be open for the respondents to go for One Time Settlement to bring an end to stalemate that has been created in the process of revival of the Ashok Paper Mill (Assam) Limited, which has now said to have resulted in failure - This aspect of the matter shall also be considered, so that employees and workers of Ashok Paper Mill are no longer required to suffer and they know their fate as employees and workers of Ashok Paper Mill (Assam) Limited - Writ petition disposed of.

ORDER (ORAL)


1. This writ petition was filed in 2008 by the Jogighopa Ashok Kagajkal Sramik Santha, frepresented by its Secretary, C/o- Ashok Paper Mill (Assam) Ltd. District- Bongaigaon, Assam. Apart from the prayer for appropriate decision in respect of the Mill and also the future of its employees and workers, further prayer made is to direct the respondents to pay the admissible salaries to the existing employees and workers for the periods indicated in the prayer portion of the writ petition specified as:-

“Take appropriate steps to clear the outstanding dues to the employees and workers of the Mill for the period of April-May of 1995, August 1997 to October, 1997 and October 1998 to 7th March, 2008.

Take appropriate steps to make up to date the provident fund accounts of the employees and workers of the Mill in question for the gap period i.e. w.e.f. 01.04.1995 up to 30.09.1998 of all the employees/workers including those who retired and expired in the meantime.”

Another prayer made in the writ petition is to revise the pay structure of the employees and workers along with adequate bonus, incentives and also to make payment of medical benefits employment insurance scheme etc.

2. Basically the prayer of the petitioner is to provide the employees and workers of Ashok Paper Mill Ltd their due salaries and service benefits, but since said prayer is required to be considered in reference to the status of the Ashok Paper Mill Ltd, this Court while taking up the matter from time to time, required the respondents to apprise the Court about the possibility of revival of the Ashok Paper Mill. Taking note of all the facts and circumstances, this Court passed the following order on 04.09.2014:-

“This writ petition has been filed by Jogighopa Ashok Kagajkal Sramik Santha, a registered Trade Union, espousing the cause of the employees and workers of the Ashok Paper Mills (Assam) Ltd. The prayer made in the writ petition is to take a specific decision in respect of the Mill and the future of its employees and workers within a specific period. Certain other prayers relating to service conditions of the employees and workers including payment of arrear salary etc have also been raised.

The matter is pending for the last six years. Having regard to the issue involved relatable to the Assam Accord (Annexure-A), the respondents were directed to intimate the Court about the steps taken for revival of the Ashok Paper Mill in terms of the said Assam Accord. As the orders passed in this proceeding would reveal, the respondents in their affidavits filed from time to time have highlighted the position relating to revival of the Ashok Paper Mill. The Chief Secretary of the State in his affidavit filed on 24.01.2011 highlighted the efforts purportedly taken by the Government of Assam for revival of the Ashok Paper Mill. This aspect of the matter has been recorded in the order passed on 14.06.2011. By the said order, the Chief Secretary of the State was directed to apprise the Court as to the possibilities or otherwise of revival of Ashok Paper Mill as per the Assam Accord.

The matter was thereafter taken up on 20.07.2011 and when it was found that the aforesaid specific query was not dealt with, the Chief Secretary of the State was directed to file affidavit clarifying the position. Thereafter, the matter was taken up on various dates for further consideration. As recorded in the order dated 29.05.2012, there was a cabinet decision in the meeting held on 21.01.2011, in which out of the three options, the cabinet decided to pursue option No. I and III. The options are indicated below:-

“I. Request Department of Heavy Industries/Hindustan Paper Corporation Limited to take up the Greenfield project, subject to making the CIS available to HPC Ltd.

II. Revert to Central Government and seek assistance for setting up Greenfield project under Assam Accord.

III. Solicit private parties through an open Expression of Interest for participating on a PPP mode w






































































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