Judgment:
D. Biswas, J.
1. The writ petitioners, 56 in numbers, who were working as Work Charged employees of the Assam Police Housing Corporation, have filed this petition for setting aside the impugned notices dated 2.2.2001 issued to them by the Chairman-cum-Managing Director of the Corporation. By this notice, the services of the writ petitioners have been terminated with effect from 1st of April, 2001. The impugned notice dated 2.2.2001 reads as follows :
'You were appointed on purely temporary basis as a work charged S.A./ Chowkidar, your appointment being liable to be terminated at any time with one month's notice.
The works were commissioned as per funds made available by the Finance Commission Grants. The latest Tenth Finance Commission Grant, under which works were commissioned, will expire on 31st March, 2001 as extended.
Since there would be no work after the date, under this grant, notice is hereby served on you terminating your service with the Assam Police Housing Corporation Ltd. with effect from 31st March, 2001 (AN).
This notice of termination of service issues as per terms contained in your appointment letter in lieu of the prescribed one month's notice.
Your service with this Corporation therefore stands terminated with effect from 31st March, 2001 AN. All dues shall be settled as on that date.'
2. I have heard Mr. B.K. Sarma, learned senior counsel for the petitioners and Mr. P. Roy, learned State counsel.
3. Mr. B.K. Sarma, learned senior counsel submitted that the writ petitioners have been working as Section Assistants, except petitioner No. 25 and 55 who were working as Chowkidars. They were appointed by the Corporation in various offices through out the State. The recruitments were made through Employment Exchanges after regular selection.
4. It would appear that the Managing Director of the Corporation by the letter dated 31st December, 1993 addressed to the Labour Commissioner, Assam, proposed to retrench 65 work charged Section Assistants in accordance with Sub-section (1) of Section 25N of the Industrial Disputes Act, 1947 with effect from 1.4.1994. The Labour Commissioner, Assam by the order dated 28th April, 1994 refused to accord permission to the proposal of the Corporation for retrenchment of 65 employees appointed with effect from 1.4.1994. A writ petition was also filed by some of the aggrieved employees which was registered as Civil Rule No. 980 of 1994. This petition was disposed of on 11th July, 1994 by a learned Single Judge of this Court whereby the notices issued earlier for retrenchment were quashed.
5. Mr. Sarma, learned senior counsel argued that the petitioners were appointed about 20 years back and, therefore, they cannot be removed from service. He also relied upon an order passed on 30.8.1997 by the Managing Director regularizing the services of Work Charged Section Assistants and Work Charged Chowkidars in order to justify the claim of the writ petitioners. It appears from the aforesaid order issued on 1.9.1997 (Annexure-8) that as many as 14 Work Charged Section Assistants and 4 Work Charged Chowkidars were regularized in service.
6. Mr. P. Roy, learned State counsel argued that the writ petitioners were appointed purely on contractual basis against a particular project and, therefore, on completion of the project the authority have no option but to terminate the services of the employees whom they cannot afford to maintain. Mr. Roy further submitted that the impugned notices clearly indicate that since there will be no work after 31st March, 2001, the writ petitioners could not be retained in service any longer.
7. It would appear that the Assam Police Housing Corporation was constituted for the purpose of construction of buildings of the Police Department in the State of Assam. The petitioners were appointed from time to time and are in service since long back. A large number of employees appointed have been allowed to continue for years together without realizing the consequences. Since the Project lunched with the fund allocated by the 10th Finance Commission has been completed, it would definitely be a difficult task for the Corporation to maintain such a huge number of work charged employees. At the same time, equity demands that the petitioners cannot be left at lurch at this advanced stage of their service career. Under the given circumstances, the Corporation has only two options, either to allow the writ petitioners to continue in service or to compensate them in an adequate manner so that the employees can devise means for self-employment. The Corporation cannot avoid their responsibility in this regard since it has acted without diligence in appointing large number of employees regardless of the consequences.
8. Considering the gamut of the entire situation, this writ petition is proposed to be disposed of with the following directions :-
(i) The Corporation shall embark upon an exercise to find out existing vacancies which can be filled up on regular basis and, thereafter, appoint the writ petitioners and other persons similarly situated in order of their seniority position as Work Charged Section Assistants and Work Charged Chowkidars.
(ii) No vacant post as on today or likely to arise in near future shall be filled up by any person other than the Work charged Section Assistants and Work Charged Chowkidars.
(iii) Temporary vacancies that may arise shall be filled up by the writ petitioners and other such employees not joined in this petition on the basis of their position in the seniority list.
(iv) If the writ petitioners and other similarly situated employees who have rendered more than five years of continuous service are not accommodated/admitted back into service in the manner indicated above within a period of one year, each of such employees shall be compensated by an amount of Rupees one lakh.
(v) T.A./D.A. arrears, if any due, shall be released forthwith.
(vi) The Chairman-cum-Managing Director shall ensure that the above directions are strictly complied with
No costs.