BISWANATH NATH Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2021-5-6
HIGH COURT OF MEGHALAYA
Decided on May 28,2021

Biswanath Nath Appellant
VERSUS
STATE OF MEGHALAYA Respondents




JUDGEMENT

Wanlura Diengdoh - (1.)The case of the Petitioners herein as could be understood from the averments made in this writ petition is but a continuation of a process which has started in the year 1989 which has its genesis in the judgment and order dtd. 3/7/1990 passed by the Division Bench of the Gauhati High Court in Civil Rule No. 1186/1989 in the case of Shri Matilal Bhattacharyya and Ors. v. State of Meghalaya and Anr. and which order is annexed as Annexure-3 of this instant petition.
(2.)The Petitioners herein, being six in numbers, one of them, Putul Ch. Sarma is said to have expired on 21/10/2013, (his son, Shri Hiren Sarma is one of the Petitioners herein having been engaged as a Muster Roll (MR) Labourer in place of his deceased father on 12/12/2013), are amongst the original Petitioners in the said Civil Rule No. 1186/1989.
(3.)The Petitioners who were working as M/R Labourers in the Public Works Department(PWD), Government of Meghalaya came to know of a letter No. 3/ST/87-88/2599 dtd. 19/11/1989 written by the Sub Divisional Officer, PWD(R&B) Store, Sub Division Shillong to the Sectional Officer, PWD, Central Store, Zoo Road, Gauhati wherein inter alia, it was instructed that with effect from 1/12/1988, the total number of M/R Labourers in the said Store shall be 22 (twenty two) in numbers and no extra labour to be entertained w.e.f. 1/12/1988. This accordingly prompted them to approach the Hon'ble Gauhati High Court by way of a writ petition which was numbered as Civil Rule No. 1186/1989 and the High Court vide the said judgment and order dtd. 3/7/1990 has directed the respondents to prepare within 31/2/1991 a scheme on rational basis for absorption as far as possible, of the petitioners who have been working continuously for more than one year in the department and further that the arrears of wages payable to any of the petitioners be paid within two months from the date of the said judgment and order. Again, it was directed that the petitioners be provided with employment till the scheme for their absorption is prepared in any of the establishments in Assam and if the respondents do not provide the petitioners with work, the petitioners shall be paid Rs.450.00 per month from the said date, that is, 3/7/1990 till the scheme is framed.


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