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2017 Supreme(Gau) 523

NELSON SAILO
Sadau Assam Panchayat Casual Karmachary Santha, Represented by its President and Secretary – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. P.K. Goswami Advocate
For the Respondents: Ms. A. Verma, SC, P & R D Department.

JUDGMENT AND 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 committ



















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