MD KHANJAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) LEARNED counsel for the petitioners. Also heard Mr BJ Ghosh, learned Junior Govt. Advocate, Assam.

(2.) BY filing this writ petition, petitioners have prayed for a direction to the authorities to make payment of the arrear wages to the petitioners for 51 months, i. e. from September, 1997 to November, 2002 and also to pay current wages at the prescribed Govt. rate.

(3.) PETITIONERS' case in brief is that they were initially appointed as Master roll workers in the Forest Department of Assam and were posted in the Northern range, Hajo, under the East Kamrup Division, Guwahati and from 21. 10. 1994 the northern Range Hajo was brought under the North Kamrup Division, Rongia and as such they have been working as Master Roll workers under the said division for a long period of time. Initially they were getting Rs. 900/- per month. However, the same was reduced to Rs. 750/- on fixed pay basis and when the association of the petitioners raised their objections against reduction of pay, the authority informed them that their salary was reduced due to financial crisis of the department. When they were continuing in the department as such, the authorities suddenly stopped payment of their salaries/wages from September, 1993. Therefore, being aggrieved by the action of the authorities, the petitioners approached this Court by way of filing this writ petition which was registered and numbered as CR No. 2616/97. This Court after hearing the parties disposed of the matter vide order dated 11. 1. 2000 directing the authorities to release the arrear salaries of the petitioners with a further direction that the petitioners shall be entitled to the minimum wages as provided by the Government orders/circulars issued from time to time and as made applicable to them. It was also provided by the said order that arrear, if any shall be paid within a period of four months from the date of passing of the orders. The authorities having been failed to comply the aforesaid directions, a contempt case being c. O. P. (C) No. 279/2000 was filed before this Court and during the pendency of the contempt case, they were paid the arrear wages of 11 + months at the rate of rs. 750/- per month violating the Court's order for payment of their salaries as per minimum wages fixed by the Government, Again from September, 1997 the petitioners were paid their wages in irregular manner and from February, 2001 they have not been paid any wages. In this regard, the petitioners submitted a representation on 19. 3. 2001 before the Respondent No. 2 ventilating their grievances made therein. However, the same has evoked no response from the authority. Finding no alternative, the petitioners even resorted to agitation and the authority tried to settle the matter amicably. In this regard, respondent No. 5 issued a letter dated 13. 8. 1999 to the Respondent No. 4. The letter dated 13. 8. 1999 is quoted hereinbelow: "memo No. :- NR/31/casual labour/99/165-67 Dt. 13. 08. 99