Anwar Hussain Laskar and 3 Ors v. The Assam Power Distribution Ltd (Apdcl) and 4 Ors

ORDER Date : 09.02.2024

Heard Mr. L. R. Mazumdar, learned counsel for the petitioners. Also heard Mr. S. P. Sarma, learned standing counsel, APDCL for all the respondents.

¶2The petitioners before this Court are Outsourced Sahayak in the Office of the Sub-Divisional Engineer, Sonai Electrical Sub-Division APDCL, Kabuganj. They are receiving the salary directly from the APDCL and the board meeting of the Assam Power Distribution Company Ltd. held on 28th of June, 2023 by resolution No. 93 resolved for fixation and increase of wages and Outsourced Workers in APDCL who are getting direct payment from APDCL and converting Page No.# 3/6 Outsourced Workers to Contractual Workers under APDCL and productive use of the Outsourced Workers. However, as the petitioners were not given the increase wages, they have filed the present writ petition with the following prayers: "Under the premises aforesaid, it is therefore, most respectively prayed that Your Lords would be graciously pleased to admit this petition, call for the records, issue of mandamus directing the respondents authorities to verified the service records of the petitioners in terms of the Order dated 22.08.2023 (Annexure-13) which are not done rather other similarly situated whose service records were verified and/or pass such other orders as Your Lordships may deem for and proper for the ends of justice."

¶3During the course of hearing, Mr. S. P. Sarma, learned standing counsel APDCL has produced an Office Order dated 02.12.2023, issued by the Chief General Manager, HRA, APDCL and the office order is reflected 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, Ebsite: www.apdcl.org.

No.MD/APDCL/RC/Outsourced/19/2017/Pt-1/29 Date: 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 Page No.# 4/6 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 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

3.

Equal 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 Page No.# 5/6

¶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"

On the basis of the Office order dated 02.12.2023, learned standing counsel, 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 relevant documents before the APDCL Authority and after Page No.# 6/6 verification their grievance would be resolved.

¶4Regarding the submissions made by the learned standing counsel, APDCL, this writ petition is disposed of directing the 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 within a period of 2(two) months from the date of receipt of the documents from the petitioner.

¶5With the above observations and directions, this writ petition stands disposed of.

The Office Order dated 02.12.2023 is placed on record. JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010268052023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6923/2023o ANWARoHUSSAINoLASKARoANDo3oORS.o SONoOF-oABDULoKALAMoLASKAR,oRESIDENToOFoVILL.-oBOALIoHAOAR,o SUNDARIoPART-II,oCACHAR,oASSAM 2:oMUKULoCHANDRAoDAS oSONoOF-oBHABENDRAoCHANDRAoDAS oRESIDENToOFoVILL-oDIDARKOSHoPART-oIV oCACHAR oASSAM oPIN-o788099 3:oRAJULoHOQUEoBARBHUIYA oSONoOFoFARIJoUDDINoBARBHUIYA oRESIDENToOFoVILL-oBAGDIRGRAMoPART-IV oCACHAR oASSAM oPIN-o788121 4:oJASIMoUDDINoAHMED oSONoOFoISLAMoBARIoAHMED oRESIDENToOFoVILL-oNEARoHATIKALoHIGHoSCHOOL oBIDAROHIPAR oCACHAR oASSAM oPIN-o78811o VERSUSo THEoASSAMoPOWERoDISTRIBUTIONoLTDo(APDCL)oANDo4oORSo TOoBEoREPRESENTEDoBYoCHAIRMAN,oAPDCL,oBIJULEEoBHAWAN,o PALTANBAZAR,oGUWAHATI-o781001 2:THEoCHIEFoGENERALoMANAGER oHRA Page No.# 2/6 APDCL BIJULEE BHAWAN GUWAHATI- 01 3:THE GENERAL MANAGER CACHAR ELECTRICAL CIRCLE MEHERPUR SILCHAR-15 4:THE ASSISTANT GENERAL MANAGER SILCHAR ELECTRICAL SUB-DIVISION PANPATTY SILCHAR-01 5:THE SUB-DIVISIONAL ENGINEER SONAL ELECTRICAL SUB-DIVISION APDCL KABUGAN Advocate for the Petitioner : MR. L R MAZUMDER Advocate for the Respondent : SC, APDCL BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR