Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Gau) 1492

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI
ROBIN PHUKAN, J.
Sri Tankeswar Boruah, S/o – Late Madan Boruah – Petitioner
Versus
The State of Assam – Respondent
WP(C) No. 2976 of 2023, WP(C) No. 8342 of 2022
Decided on : 15-09-2025

Advocates Appeared:
For the Petitioner: Mr. K. Kalita.
For the Respondents: Mr. B. Kaushik, SC, Elem. Edu.

Discharge of an employee without a hearing violates natural justice, and all temporary employees are entitled to minimum wages and reinstatement if engaged for over 10 years.

Headnote:(A) Constitution of India - Article 226 - Minimum Wages Act, 1948 - Employment and Regularization - The petitioner sought direction for the grant of minimum wages and to continue in service till superannuation. The court found that the petitioner, engaged since 2000, was not regularized nor paid minimum wages despite several requests. The impugned orders of discharge were found to be in violation of natural justice. The decision emphasized adherence to the principle of equal pay for equal work established in previous rulings. (Paras 2 to 14)

(B) Natural Justice - It was held that discharging an employee without a hearing violates principles of natural justice. (Paras 8.2, 10)

Facts of the case:
The petitioner was engaged temporarily on a daily wage basis since 2000 at a monthly payment of Rs. 416, with assurances of regularization which were never fulfilled. Respondent authorities claimed the engagement was illegal and not against sanctioned posts.

Findings of Court:
The court quashed the discharge orders, mandating reinstatement from 18.04.2023 with back wages and approval of minimum scale of pay per prior court rulings.

Issues: Main issues included the legality of the discharge without hearing and the petitioner’s entitlement to minimum wages and continuation in service.

Ratio Decidendi: The court ruled that engagement orders must be respected, and dispensation of justice requires that an employee should not be discharged without the opportunity of a hearing, perforating administrative actions during the court’s consideration of the matter.

Result: Both writ petitions allowed, reinstatement ordered.

Table of Content
1. petitioner's engagement details and claims (Para 2 , 3 , 4)
2. allegations of violations by respondent authorities (Para 5 , 6)
3. court's acknowledgment of long-term service without proper recognition (Para 7 , 11)
4. application of principles of natural justice (Para 10 , 12)
5. right to minimum pay for temporary employees (Para 13)
6. final order and relief granted to the petitioner (Para 14 , 15 , 16)

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. K. Kalita, learned counsel for the petitioner, in both the petitions, and Mr. B. Kaushik, learned Standing Counsel for the respondent Nos. 1 to 4 in WP(C) No. 2976/2023. Also heard Mr. B. Kaushik, learned Standing Counsel for the respondent Nos. 1 to 5; Mr. A. Chaliha, learned Standing Counsel for the respondent No. 6 and Mr. B. Sarma, learned Standing Counsel, Accountant General, Assam (A.G.), for the respondent No. 7 in WP(C) No. 8342/2022.

2. Two writ petitions No. WP(C) No. 2976/2023 and WP(C) No. 8342/2022, both are preferred by the petitioner, namely, Shri Tankeswar Boruah. In WP(C) No. 2976/2023, under Article 226 of the Constitution of India, the petitioner has praying for issuing direction to the respondent authorities to grant minimum scale of pay, in terms of the Judgment of this Court dated 08.06.2017, in Writ Appeal No. 45/2014 (State of Assam & Anr. Vs. Shri Upen Das and 836 Ors.), and the Notification, dated 03.10.2019, issued by the Principal Secretary to the Government of Assam, Finance Department; and also to issue direction to the respondent authorities not to disturb the petitioner‟s engagement in the post of Night Chowkidar, in the Office of the Deputy Inspector of Schools, Majuli, Kamalabari, till his normal age of superannuation.

2.1 In WP(C) No. 2976/2023, the petitioner has challenged the order dated 18.04.2023, issued by the Deputy Inspector of Schools (i/c), Majuli and also the letter dated 05.03.2023, issued by the Director of Elementary Education, Assam and to allow him to continue in the post of Night Chowkidar in the Office of the Deputy Inspector of Schools, Majuli.

3. The background facts, leading to filing of the petitions are briefly stated as under –

“The petitioner was temporarily engaged on daily wage basis, in the Officer of the Deputy Inspector of Schools, Majuli on 01.02.2000. As per the said engagement letter, the petitioner was allowed to draw a fixed scale of pay @ Rs. 416/- per month. Subsequently, the petitioner was engaged on temporary basis, by issuing fresh engagement order and since 2000, he has been discharging his duty with utmost dedication and sincerity, without any break. The respondent authorities have been utilizing the services of the petitioner since 2000, by paying him fix pay @ Rs. 416/- per month only; and though he was assured that his service will be regularized after completion of 10 years of service, but they have not taken any steps for regularization of his service; and on the belief that his service will be regularized after completion of 10 years, he has been rendering his services without any protest. Since, after elapse of 10 years, no steps have been taken by the respondent authorities to regularize the service of the petitioner, he had submitted several representations before the respondent authorities for granting him minimum wages, as well as regularization of his service, but even after elapse of 22 years of service, the respondent authorities have neither taken any steps to regularize his service nor he has been paid the minimum wages as prescribed under the Minimum Wages Act, 1948; and being aggrieved, the petitioner approached this Court by filing the aforementioned petition, seeking the aforesaid reliefs.

During pendency of the aforementioned writ petition, on 16.05.2023, the Inspector of Schools (I/C), Majuli had served one backdated order, dated 18.04.2023, to the petitioner, whereby the petitioner was released from all temporary engagement at the Office of the Deputy Inspector of Schools, Majuli, on