AKON CHANDRA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these writ petitions being analogous are taken up together for disposal by this common judgment and order. While in WP(C)/6546/2010, there were initially 11 numbers of petitioners, this Court on being apprised of the expiry of the petitioner nos. 6, 7 and 11 had passed an order dtd. 29/8/2023 for striking off their names. In the second writ petition, WP(C)/4468/2013, there is only one petitioner. The petitioners are either employees or legal heirs of the deceased employees of the Jyoti Chitraban (Film Studio) Society [hereinafter Jyoti Chitraban] and the issue raised in these writ petitions is with regard to a claim for gratuity and leave encashment benefits.

(2.) Before going to the issue which has arisen for consideration, it would be convenient if the facts of the cases are narrated in brief.

(3.) As indicated above, the petitioners are either employees or legal heirs of the deceased employees of the Jyoti Chitraban Society. The said Society was established by the State in the year 1961 for production of the films of the region and was registered bearing Registration No. 59/1973-74. It is the contention of the petitioners that the Society is fully financed and controlled by the Government of Assam. The petitioners have contended that after the retirement, they were not paid their gratuity and in this regard numerous representations were filed. The petitioners lay the foundations of their claim on Articles 14, 16 and 21 of the Constitution of India and the Statute holding the field namely, the Payment of Gratuity Act, 1972.