NERIWALM EMPLOYEES UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner No. 1 is a Trade Union, registered under the Act, 1926 formed by employees of the North Eastern Regional Institute of Water & Land Management, Dolabari, Tezpur, petitioner No. 2 is the Secretary of the petitioner No. 1 Union. In the year 1988-89 Shri Uttam Kakati, Badan Ch. Gogoi, Abdul Kadir, Abbas All and Dilip Kr. Bhuyan were engaged as Muster Roll labourers under the Asstt. Executive Engineer, Tezpur Irrigation Department, Government of Assam. Wile they were working as Muster Roll worker, the North Eastern Regional Institute of Water & Land Management (for short NERIWALM) was set up at Dolabari, Tezpur. The aforesaid employees Uttam Kakati, Badan Gogoi, Abdul Kadir, Abbas Ali and Dilip Bhuyan were askedlto report to the Director NERIWALM and they were engaged as Muster Roll worker under NERIWALM. Sometime in the year 1990 such other employees, namely Khagen Sarma, Soneswar Nath, Benikanta Sarma, Chandan Mech and Jadav Nath were engaged as casual employees under the NERIWALM in the year 1990-91-92 and they have been working as such under the NERIWALM. The petitioner No. 1 and 2 by their letters dated 18th November, 1997, 10th November, 1997,15th Jan/1988 and 9th September/98 requested the Director, NERIWALM to regularise the services of the Muster Roll and casual employees including the aforesaid employees who are members of the petitioner No. 1 Union. Instead of regularising the services of the aforesaid employees, a format of contractual agreement approved by the Managing Council, NERIWALM has been sent to the aforesaid employees for their consent by letter issued sometime in the month of September, 1998. Aggrieved, the petitioners have filed this writ petition for direction to the respondents not to give effect to the said contractual agreement and for a direction to the respondents to regularise the services of these employees belonging to the petitioner No. 1 Union.

(2.) Mr. S.C. Biswas, learned counsel for the petitioners submitted that some of the aforesaid employees were working as Muster roll labour under the Irrigation Department, Government of Assam before their services were transferred to NERIWALM and the letter dated 13th Jan/1992 of the Director, NERIWALM to the Executive Engineer, Tezpur Irrigation Division in Annexure-IV would show that the aforesaid Muster roll labourers were to be absorbed in NERIWALM. The aforesaid employees were thus the impression that their services would be regularised under NERIWALM and for this reason they had no objection for transferring their services from the Irrigation Department, Government of Assam to NERIWALM. Mr. Biswas further submitted that had these muster roll workers under the Irrigation Department continued to work under the Government of Assam, Irrigation Deptt. they would have been entitled ta.be regularised in their services in accordance with policy and circular of the Government relating to regularisation of the services of muster roll workers engaged prior to 1.4.93. But to the utter surprise and dismay of the aforesaid employees, they have now been asked to sign an agreement which contains a clause that after 2002 AD, they will have no right whatsoever to continue in their respective posts. According to Mr. Biswas, such a clause in the proposed agreement between the aforesaid employees and the NERIWALM is unreasonable and is voidable under Article 14 and Section 23 of the Indian Contract Act.

(3.) Mr. S. Ali, appearing for NERIWALM on the other hand, submitted relying on the averments in the affidavit filed by the respondent Nos. 4 and 5 that the project of NERIWALM had a life span upto the end of 9th 5 year Plan i.e. to March/2002 and unless the project is continued and converted into a permanent establishment, all the staff employed in the project including the aforesaid employees will have to leave the NERIWALM.