Back
2017 Supreme(Gau) 523
IN THE GAUHATI HIGH COURT (ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO, J.
Sadau Assam Panchayat Casual Karmachary Santha, Represented by its President and Secretary - Petitioners
Versus
State of Assam and Others - Respondents
WP(C) No.3444 of 2016
Decided on : 12-06-2017
Advocate Appeared:
For the Petitioners:Mr. P.K. Goswami Advocate
For the Respondents: Ms. A. Verma, SC, P & R D Department.
The main legal point established in the judgment is the obligation of the respondent authorities to pay the monthly fixed wages to casual workers as per the legal provisions and previous court directives.
Headnote:
Trade Union Act - Casual Workers' Wages - Assam Panchayat Act, 1986, Assam Panchayat (Administrative) Rules, 2002, Assam Panchayat Employees (Provincialisation) Act, 1999 - Section 3, Section 140(1) of the Assam Panchayat Act, 1944 - 13th and 14th Finance Commission Award
Fact of the Case:
The petitioners, a registered association under the Trade Union Act, 1926, sought payment of fixed wages for casual employees engaged in Panchayat Raj Institutions (PRIs) as per the staffing pattern introduced by the Assam Panchayat Act, 1986 and Assam Panchayat (Administrative) Rules, 2002. The State Government decided to pay fixed wages to casual workers, but they were not paid for a specific period. The petitioners filed a writ petition seeking payment.
Finding of the Court:
The Court found that the petitioners' case had been previously dealt with, and a judgment had directed the authorities to take recourse to the provisions of the Assam Panchayat Employees (Provincialisation) Act, 1999 to provincialise the services of the remaining employees of the Panchayats. The Court also noted that if the posts were not created, the remaining staff should be filled up by recruitment under Section 140(1) of the Assam Panchayat Act, 1944. The Court directed the respondent authorities to pay the monthly fixed wages of the petitioners' association for the specific period.
Issues: Payment of fixed wages to casual workers engaged in PRIs, Compliance with previous judgment, Availability of funds for payment
Ratio Decidendi: The Court emphasized the need for compliance with the previous judgment and the legal provisions under the Assam Panchayat Employees (Provincialisation) Act, 1999 and Section 140(1) of the Assam Panchayat Act, 1944. The Court held that the respondent authorities were bound to pay the monthly fixed wages of the petitioners' association for the specific period.
Final Decision: The writ petition was disposed of by directing the respondent authorities to pay the monthly fixed wages of the petitioners' association for the specific period within three months from the date of receipt of the order.
Heard Mr. P.K. Goswami, the learned counsel for the petitioners as well as Ms. A. Verma, the learned Standing Counsel, Panchayat and Rural Development Department, for the respondent Nos. 2, 3, 4 and 5 and Mr. P. Nayak, the learned Standing Counsel, Finance Department, for the respondent Nos. 6, 7 and 8. The respondent No.1 is represented by the learned Government Advocate, Assam.
2. The petitioner No.1 is a registered association under the Trade Union Act, 1926, and the petitioner Nos. 2 and 3 are the President and the Secretary of the Association. The members of the petitioners’ association are casual employees as Grade-III and Grade-IV engaged staff against the vacant post and as per the staffing pattern which was introduced by the Assam Panchayat Act, 1986, which was later endorsed by the Assam Panchayat (Administrative) Rules, 2002, which includes the posts of Tax Collectors, Road Moharar, Peon, Chowkidar and Driver in the Panchayat Department of the Government of Assam. They were engaged from a period between the year 1992 to 2006 as per the requirement of Zila Parisad, Gaon Panchayat and Anchalik Panchayat by adopting resolutions in their respective committees. Some of the employees of the petitioners’ association were engaged by the Panchayat Local Bodies prior to the publication of the Assam (Administrative) Rules, 2002 while others as per the staffing pattern prescribed by the aforesaid Rules.
3. On 25.01.2012, the State Government decided to pay the casual workers engaged in different Panchayat Raj Institutions (in short PRIs) fixed wages at the rate of 4500/- per month after due verification and after furnishing of utilization certificate. While the members of the petitioners’ association were paid the said fixed amount for some time, they were, however, not paid for the period from 01.04.2015 to 31.03.2016. Consequently, the petitioner No.3 submitted representations to the Commissioner, the Panchayat and Rural Department on 13.11.2015 and 16.11.2015, but, however, there was no response from the respondent authorities.
4. The Additional Secretary to the Government of Assam, Panchayat and Rural Development Department on 29.02.2016 (Annexure-H) in response to the assessment of required fund for fixed wages for the casual workers engaged in different PRIs and the Development Blocks for the period from 01.04.2015 to 31.03.2016 wrote to the Commissioner Panchayat and Rural Development, Assam, to take necessary action in terms of the endorsement of the Finance Department. The endorsement of the Finance Department is reproduced herein below:
“Your endorsement at prepage.
P & RD Department is requested to issue instruction to concerned PRIs to pay wages @ Rs.4500/- P.M. (to the individual bank accounts of the casual workers by way of ECS) for the period 01.04.2015 to 31.03.2016 to the existing casual workers against the total of 1812 numbers of casual workers as per P & RD Department letter No.PDA.194/2006/pt-11/395 dated 25.01.2012 out of 13th and 14th FC grant which is being released by Finance Department during 2015.
Sd/-
Joint Director
Finance (Economic Affairs) Department”
5. Since the respondent authorities failed to take any action despite the communication dated 29.02.2016, the petitioner No.3 again on 29.04.2016 submitted a representation to the Additional Chief Secretary to the Government of Assam, Panchayat and Rural Development Department, requesting for necessary action and direction to the concerned PRI’s to make payment of fixed wages of the casual workers for the period from 01.04.2015 to 31.03.2016. However, as the same was not considered and the casual workers having remained unpaid, the petitioners have filed the instant writ petition.
6. The respondent No.3 in response to the writ petition filed an affidavit-in-opposition on 01.11.2016 contending, inter alia, that the members of the petitioners’ association were engaged as casual workers by the Panchayat Raj Institution (PRIs) without following
