NAGENDRA BEZBARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE present writ petition is directed against the impugned action of the respondent authorities in not giving pay protection to the petitioners while regularising their services in Grade-IV posts for Muster Roll Labourers from the posts of W/C Electrical Jugali (Grade-IV) held by them and thereby compelling them to render services without payment of adequate wages/remunerations which, as alleged by the petitioners, amounts to forced labour in the eye of law.

(2.) HEARD Mr. U. K. Nair, learned counsel for the petitioners. Also heard Mr. I. Choudhury, learned standing counsel, for respondent PWD and Mr. D. Saikia, learned standing counsel, for respondent Finance Department.

(3.) MR. D. Saikia, learned standing counsel for respondent Finance Department, Government of Assam, submits that as many as 93 Muster Roll workers including the present petitioners (73 in nos.) were no doubt upgraded to Grade-IV W/C in the scale of Rs. 900-1435/- p.m. vide order dated 30.09.1994 issued by the Executive Engineer, PWD, Guwahati, Electrical Division, Chandmari, but the said upgradation was done without approval of the State Cabinet and consultation with the Finance Department. Moreover, at the time of upgradation in the year 1994, there were no sanctioned posts and as such, action of upgradation of the petitioners from Muster Roll Workers of W/C Electrical Jugalis, as was done by the said Executive Engineer, was highly improper and illegal.