Baharul Islam and 4 Ors v. The Assam Power Distribution Company Limited and 5 Ors

PageoNo.#o1/9 GAHC010244202023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6365/2023o BAHARULoISLAMoANDo4oORSo S/O-oLATEoFAHIMoUDDIN,o R/O-oVILLAGEoKATAHGURI,o P.O-oTUKTUKI,o P.S-oDHING,o DIST-oNAGAON,oASSAM,oPIN-782123 2:oRUPANoNATHo@oRUPANoDEBNATH oS/O-oLATEoLOHIToDEBNATHo R/O-oVILLAGEoBETKATIoGAONo P.O-oCHAMUAoGAONo P.S-oDHINGo DIST-oNAGAON oASSAM oPIN-782123 3:oJAMANURoRAHMAN oS/O-oABDULoWAHEBo R/O-oVILLAGEoBATADRAVAoBARBHETIo P.O-oBARBHETIo P.S-oBATADRAVAo DIST-oNAGAON oASSAM oPIN-782122 4:oNURoJAMAL oS/O-oGENDHUoSHEIKHo R/O-oVILLAGEoSUNSERIo P.O-oKANDHULIMARIo P.S-oDHINGo DIST-oNAGAON oASSAM oPIN-782123 PageoNo.#o2/9 5:oABDULoMUTALIB oS/O-oOMARoALIoo R/O-oVILLAGEoCHITALMARIoPATHERo P.O-oCHITALMARIoBEELo P.S-oJURIAo DIST-oNAGAON oASSAM,oPIN-78212o VERSUSo THEoASSAMoPOWERoDISTRIBUTIONoCOMPANYoLIMITEDoANDo5oORSo REP.oBYoTHEoCHAIRMANo,oAPDCL,oBIJULEEoBHAWAN,oPALTANoBAZAR,o GUWAHATI-o781001,oDIST.-oKAMRUP(M),oASSAM. 2:THEoCHIEFoGENERALoMANAGERo(HRA) oAPDCL oBIJULEEoBHAWAN oPALTANoBAZAR oGUWAHATI-o781001 oDIST.-oKAMRUP(M) oASSAM. 3:THEoGENERALoMANAGER oNAGAONoELECTRICALoCIRCLEoAPDCLo(CAR)oNAGAONo P.OoANDoP.S-oNAGAONo DIST-NAGAON oASSAM,oPIN-782002 4:THEoCHIEFoEXECUTIVEoOFFICER oNAGAONoELECTRICALoCIRCLEoAPDCLo(CAR)oNAGAONo P.OoANDoP.S-oNAGAONo DIST-NAGAON oASSAM oPIN-782002 5:THEoDIVISIONALoENGINEER oAPDCLo(CAR)oNAGAONo P.OoANDoP.S-oNAGAONo DIST-NAGAON oASSAM oPIN-782002 6:THEoSUBoDIVISIONALoENGINEER oAPDCLo(CAR)oDHINGo P.OoANDoP.S-oDHINGo DIST-NAGAON oASSAM oPIN-78212o Page No.# 3/9 Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : SC, APDCL Linked Case : WP(C)/5649/2023 RINKU BORDOLOI AND 8 ORS. S/O-LATE DEOKAN BORDOLOI R/O-VILL. 1 NO. KAKI 3 NO. GAON P.O. AND P.S. KAKI DIST. HOJAI ASSAM PIN-782442. 2: NABAJYOTI HAZARIKA @ NABA HAZARIKA S/O-NABIN HAZARIKA R/O-VILLAGE-2 NO. KAKI NARAYANPUR P.O. THAISUPAR P.S. KAKI DIST. HOJAI ASSAM PIN-782446. 3: PINKI MISHRA TIWARI W/O-OM SHANKAR MISHRA R/O-WARD NO. 5 LANKA TOWN P.O. AND P.S. LANKA DIST. HOJAI ASSAM PIN-782446. 4: MINTU BORAH S/O-SUREN BORAH R/O-VILL.- NIZ BHELOGURI P.O. AND P.S. SAMAGURI DIST. NAGAON ASSAM PIN-782140. 5: MUSTAK AHMED S/O-GIYASUDDIN AHMED R/O-VILL.- NIZ CHALCAHLI PO. CHALCHALI P.S. SAMAGURI DIST. NAGAON PageoNo.#o4/9 oASSAM oPIN-o782141. o6:oPANKAJoKALITA S/O-oTANKAoKALITA oR/O-oVILL.-oBORHAMPURoBEJORoGAON oP.O.oANDoP.S.oBORHAMPUR oDIST.oNAGAON oASSAM oPIN-o782102. o7:oNARAYANoSARMAH S/O-oBHUSHANoSARMAH oR/O-oVILL.-oNONOIoMIKIRPARoURIAGAON oP.OoANDoP.S.oNONOI oDIST.oNAGAON oASSAM oPIN-o782101. o8:oGOLAPoBORA S/O-oBHADRESWARoBORAH oR/O-oVILL.-oDIPHALU oP.O.oITACHALI oP.S.oANDoDIST.oNAGAON oASSAM oPIN-o782003. o9:oWAHIDURoRAHMAN S/O-oLATEoABDULoHAKIM oR/O-oVILL.-oBORBHETI oP.O.oKACHAMARI oP.S.oSADARoNAGAON oDIST.oNAGAON oASSAM oPIN-o782002. oVERSUS THEoASSAMoPOWERoDISTRIBUTIONoCOMPANYoLIMITEDoANDo8oORS (APDCL) oREPRESENTEDoBYoTHEoCHAIRMAN oAPDCL oBIJULEEoBHAVAN oGUWAHATI-781001. 2:THEoCHIEFoGENERALoMANAGERo(HRA) APDCL oBIJULEEoBHAVAN oGUWAHATI-781001. Page No.# 5/9 3:THE GENERAL MANAGER NAGAON ELECTRICAL CIRCLE APDCL (CAR) NAGAON P.O. PS AND DIST. NAGAON ASSAM PIN-782002. 4:THE ASSISTANT GENERAL MANAGER HOJAI ELECTRICAL DIVISION APDCL (CAR) HOJAI P.O. AND P.S. HOJAI DIST. HOJAI ASSAM PIN-782435. 5:THE CHIEF EXECUTIVE OFFICER NAGAON ELECTRICAL CIRCLE APDCL (CAR) NAGAON P.O. P.S. AND DIST. NAGAON ASSAM PIN-782002. 6:THE DIVISIONAL ENGINEER APDCL (CAR) HOJAI P.O. P.S. AND DIST. HOJAI ASSAM PIN-782435. 7:THE SUB-DIVISIONAL ENGINEER APDCL (CAR) HOJAI P.O. P.S. AND DIST. HOJAI ASSAM PIN-782435. 8:THE DIVISIONAL ENGINEER APDCL (CAR) NAGAON P.O. P.S. AND DIST. NAGAON ASSAM PIN-782002. 9:THE SUB-DIVISIONAL ENGINEER APDCL (CAR) NAGAON P.O. P.S. AND DIST. NAGAON ASSAM PIN-782002. ------------ Advocate for : MR. S C BISWAS Advocate for : SC APDCL appearing for THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 8 ORS Page No.# 6/9

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR :: O R D E R :: 15-02-2024

Heard Mr. S.C. Biswas, learned counsel appearing for the petitioners. Also heard Mr. B. Das, learned standing counsel, APDCL for the respondents.

¶2As both the writ petitions have common cause of action and the relief sought for are identical, they are taken up together for disposal by this common order.

¶3The petitioners in WP(C) No. 6365/2023 are Outsource Meter Readers/Bill Clerks under Dhing Electrical Sub-Divisions Assam Power Distribution Company Limited (CAR) and the petitioners in WP(C) No. 5649/2023 are Outsource Meter Readers/Bill Clerks under Lanka and Nagaon Electrical Sub-Divisions Assam Power Distribution Company Limited (CAR).

¶4The petitioners are receiving commission @Rs.3/- per bill and presently getting Rs.8/- per bill, which are being paid through the Bank account of the concerned contractors. In the board meeting of the Assam Power Distribution Company Limited held on 28th of June, 2023 by resolution No. 93 it was resolved for fixation and increase of wages of Outsourced Workers in APDCL who are getting direct payment from APDCL and converting them to Contractual Workers under APDCL and productive use of the Outsource Workers.

¶5However, as the petitioners were not getting direct payment from APDCL and are not being given the increased wages, they have filed the present writ petition with the following prayers: Page No.# 7/9 "Under the premises above circumstances, it is therefore, prayed that Your Lords would graciously be pleased to admit this petition, call for the records, and issue a Rule, calling upon the Respondents to show cause as to why a Writ in the nature of Mandamus should not be issued.

(i) directing/commanding the respondents authorities to immediately include the indirectly paid outsource workers of APDCL like the petitioners for the benefits as resolved vide resolution No. 93 dated 28-06-2023 (Annexure No. 6) by way of suitable amendment of the said resolution and pay the said benefits to the petitioners after cross-verification of their data and documents.

(ii) directing the respondent authorities to make arrangements for direct payment to the account of the petitioners.

(iii) to grant all such relief to which the petitioners are legally entitled to and after perusal of records cause or cause being shown if any and upon hearing the parties, Your Lordships may be pleased to make the Rule absolute and/or pass such appropriate Order/Orders or direction as Your Lordships may deem fit and proper in the interest of justice."

¶6During the course of hearing, Mr. Das, learned standing counsel APDCL has produced an Office Order dated 02.12.2023, issued by the Chief General Manager, HRA, APDCL. The office order is reproduced herein below: "ASSAM POWER DISTRIBUTION COMPANY LIMITED (A fully customer centric company) Office: Nijulee Bhawan, Paltanbazar, Guwahati-871001, Assam E-mail: CGM.HR@apdcl.org, Website:www.apdcl.org. No.MD/APDCL/RC/Outsourced/19/2017/Pt-1/29Date: 02/12/2023 OFFICE ORDER

¶1Upon due consideration of the long-standing demand of the Outsourced workers of the Assam Power Distribution Company Ltd. And keeping in mind the Current Financial condition of the APDCL and with due approval from the Govt. of Assam, the BOD vide Resolution No.93(I) (II) adopted in the Board Meeting Dated 28.06.2023, has decided to enhance the remuneration of the Outsourced workers, who are found to be eligible after their document verification is fixed as shown below: Sl. No. Experience in APDCL as outsourced engagement as on

31.10.2023 Monthly remuneration(Rs.)

¶1Less than 5 years 12,000.00 Page No.# 8/9

If any MR/BC/OCFA of Experience less than 5 years is interested to work as sahayak in the Sub-station 13,000.00

¶2Equal to or more than 5 years but less than 10 years

14,000.00

If any MR/BC/OCFA of Experience equal to or more than 5 years but less than 10 years is interested to work as sahayak in the Sub-station 15,000.00

¶3Equal to or more than 10 years 17,000.00

If any MR/BC/OCFA of Equal to or more than 10 years is interested to work as Sahayak in the Sub-station 18,000.00

¶2However, the Monthly remuneration of Outsourced workers In the Skilled Category (Computer Operator with Diploma/Ex-Serviceman/Driver/Sahayak with ITI/LT/HT line certificate) on having a minimum of 3(three) years of Working Experience as on 31.10.2023 is made equal of 15,000.00.

¶3The benchmark set for collection of reading/preparation of bills for each outsourced BC/MRs is 1050 nos. Below this benchmark, they shall not be entitled to het payment at enhanced rates and shall continue to work at present pay per bill basis. Further, due to installation of Smart Meters, wherever it is not feasible to allot 1050-meter readings per MR/BC, the concerned CEOs may re-allocate different working sub-divisions to the MR/BCs or may engage them in any other work (Sahayak/Peon/Chowkidar, etc.) as per their qualifications.

¶4The effective date of enhancement of remuneration shall be from 01.12.2023.

¶5The Provisional List of eligible Outsourced workers for enhancement of remuneration shall be published Circle-wise and Phase-wise from December 2023 onwards.

By order etc

Chief General Manager (HRA), APDCL, Bijulee Bhawan, Paltanbazar,Guwahati-1" Page No.# 9/9

¶7On the basis of the officer order dated 02-12-2023, the learned standing counsel for the APDCL submits that the respondents have complied with the resolution passed by the Board of Directors and, therefore, the petitioners may be directed to submit the available documents before the APDCL authorities and after verification, their grievances would be resolved.

¶8Recording the submission made by the learned standing counsel for the APDCL, both the writ petitions are disposed of directing petitioners to submit their documents for verification before the concerned APDCL authorities within a period of 1(one) month from today. Thereafter, the authorities in APDCL shall consider the case of the petitioner in terms of office order dated 02-12-2023 and also for direct payment to the petitioners within a period of 2(two) months from the date of receipt of the documents from the petitioner.

¶9With the above observations and directions, this writ petitions stand disposed of.

¶10The Office Order dated 02-12-2023 is placed on record.

JUDGE Comparing Assistant