PUSPA DEKA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Mr. G Uzir and Mr.M Saikia, learned counsel for the appellants. Mr. R Dhar, learned Additional Senior Government Advocate, Assam for Respondent Nos.1 and 3 and Dr.B Ahmed, learned standing counsel for Respondent No.2. This intra court appeal is directed against the order dated 31.1.2015 passed by the learned Single Judge of this High Court, whereby he has dismissed appellants' WP(C) No.2601/2012.

(2.) According to the appellants, they were engaged between 1990 and 1995 as casual workers in the Assam State Weaving and Manufacturing Company Limited, a Public Sector Undertaking under the Assam Industrial Development Corporation Limited. The Assam State Weaving and Manufacturing Company Limited, however, was closed in the year 2006 due to shortage of funds. They, therefore, lost their jobs. They, then, made a representation before the authority demanding payment of unpaid dues, but to no avail. They also claimed entitlement for benefits under Voluntary Retirement Scheme (in short "VRS") in tune with the employees of other Public Sector Undertakings, but without any positive response. Aggrieved, they filed petition before the learned Single Judge for a direction against the respondents for making payment of their outstanding salaries and benefits under VRS with interest @ 12% per annum.

(3.) The respondents, in reply, refuted the claim of appellants and submitted that benefits under VRS are applicable to regular employees and not to the casual workers like appellants. Respondent Nos.1, 4 and 5 even stated that all the casual workers were paid Rs.35/- per day on being engaged as and when required for the sake of continuing the production in the factory. These respondents also stated that a system was maintained to record attendance of casual workers and all the casual workers were paid their up-to-date wages till the month of September, 1996 and no arrears were due to them.