INDUSTRIAL PAPERS (ASSAM) LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ appeal is directed against the judgment/final order dtd. 25/2/2021 passed by the learned Single Bench whereby, the writ petition [WP(C) No.3569/2015] preferred by the petitioners seeking a direction upon the respondents to extend benefits of pay revision to the petitioners [former employees of Public Sector Undertaking (PSU), namely, Industrial Papers (Assam) Ltd.] who were released under the revised Voluntary Retirement Scheme (VRS) dtd. 15/2/2006 and to grant them benefits of revised pay- scale with effect from 1/1/2016, was dismissed.

(2.) Learned Senior counsel Mr. B.D. Konwar representing the appellants urged that the appellants/petitioners are entitled to the relief sought for in the writ petition on the ratio of the judgment rendered by this Court in the case of All Assam STATFED Karmachari Aikya Manch and Ors. Vs. State of Assam and Ors., reported in (2014) 5 GLR 69. Learned Senior counsel urged that this judgment whereby analogous relief was granted to the employees of PSU, STATFED was later on affirmed by a Division Bench of this Court and then by the Hon'ble Supreme Court as well. He thus urged that the appellants/writ petitioners are entitled to the relief claimed for.

(3.) Per contra, Mr. P. Nayak, learned Standing Counsel, Finance Department representing the respondent No.6 vehemently opposed the submissions advanced by the appellants' counsel. He urged that in the earlier round of litigation, the petitioners sought the same relief by filing an SLP before the Hon'ble Supreme Court which stands dismissed by judgment dtd. 10/1/2017 in the case of Industrial Paper (Assam) Ltd. Employees' Union vs. Management, Assam Industrial Development Corpn. Ltd. (AIDC), (2007) 3 SCC 73. He referred to the observations made in the said judgment whereby, the Hon'ble Supreme Court clarified that the employees or the recognized Unions shall be entitled to make claims for arrears of salary or claims to be due from the IPAL. However, neither the employees nor the Unions were held entitled to any other relief from the Corporation or from the Government.