LAWS(GAU)-2020-3-43

BENU MOHAN BORA Vs. STATE OF ASSAM

Decided On March 03, 2020
Benu Mohan Bora Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Ms. D.S. Neog, learned Standing counsel for the Co-operation Department. Mr. B. Gogoi learned counsel appears for the respondent No. 4 while Mr. S.S. Roy, learned counsel appears for the respondent Nos. 1 & 3.

(2.) The petitioners' case in brief is that they were appointed to the Nowgong Co-operative Sugar Mills Ltd. at Kampur, Nagaon as seasonal employees during the period 1987 - 1990. They received full salary during the crushing period, and for the remaining period, they were paid retaining allowances. The mill was closed on 01.11.2010. As the petitioners did not get their salaries and wages for the period from 2002- 31.03.2010 or provided them with the benefit of Voluntary Retirement Scheme (VRS), they filed WP(C) No. 1595/2013. WP(C) No. 1595/2013 was disposed of by this Court vide Order dated 13.11.2014, with the following observations and directions passed in paragraph Nos. 4 & 6, which are as follows:-

(3.) The petitioners' counsel submits that despite the Order dated 13.11.2014 being passed in WP(C) No. 1595/2013, the State respondents have not given the benefits of the VRS to the petitioners, strictly in terms of the Notification dated 15.02.2006, which is the Revised Policy on Voluntary Retirement Scheme for the employees of State Level Public Enterprises of Assam. He submits that the benefits given to the petitioners is not calculated as per the above Notification dated 15.02.2006, while employees belonging to the Assam Co-operative Sugar Mill Ltd., Baruabamungaon, who are also seasonal employees, similarly situated as the petitioners, have been given benefits as per a different calculation, made in terms of the Notification dated 15.02.2006.