9911796707
TMI Blog2002 (4) TMI 995X X X X Extracts X X X X X X X X Extracts X X X X ..... the State administration to raise a security force to deal with the situation in hand which had already assumed alarming proportions. According to the writ petitioners, news paper advertisements calling for recruitment to the Assam Tea Plantation Security Force (hereinafter referred to as the Force) was issued pursuant to which thousands of youths of the State applied. A selection process was held in different centres of the State and nearly 600 persons, who are claimed to be the members of the representative body that has instituted the present litigation, were selected. The selected candidates were sent for training, which was for a period of 54 days, whereafter necessary posting orders were issued. According to the writ petitioners, notw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed sometime in the year 1993 by an between the authorities of the State and ABITA (Assam Branch Indian Tea Association - representative body of the owners of the Tea Estate). The State respondent contend that the status of the members of the Force is equivalent to that of the Home Guards governed by the provisions of the Assam Home Guards Act, 1947. Home Guards, under the Act in question, do not have any permanent tenure. It is argued, the members of the Force also would not have any permanent tenure, save and except, a period of 3 years for which they are required to remain in the Force. On the expiry of 3 years of service, the State respondents clam a right to retrench serving members to replace them by new hands. It has been additionally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmandant of the Home Guards. Though JCOs/NCOs, who are in immediate charge of the sections of the Force at the Individual garden level, are to take orders from the Garden management in respect of routine functions, the standard operating procedure makes it clear that no disciplinary powers over any member of the Force is vested in the garden management. Concomitant with the duties entrusted, the members of the Force are to carry out their duties with arms including sophisticated ones. The cost incurred in raising and maintaining the Force is, however, to be paid by the Tea Garden authorities, in terms of the MOU in question. 5. Having set out the salient features of the MOU and standard operating procedure framed thereunder, the precise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expenditure. Viewed from the aforesaid perspective, the money spent for up keep of the police force of the State and the Tea Plantation Security Force reveals no significant difference. Funds raised for the up keep of the Force do no flow out of the State coffers in the usual way but in the ultimate analysis the difference is merely one of form and not of substance. No significant basis for the aforesaid department is indicated in the affidavits filed. Neither is the same relevant. Perhaps the reasons lie in the domain of convenience and necessity. 6. The modern day welfare State by taking upon itself multifarious duties in a wide sphere of public life has somewhat obliterated the difference between the sovereign and non-sovereign funct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority in continuing the members of the Home Guards on a flexible tenure. Uncertainty ,of tenure does not augur well for any organisation. It kills the incentive to render dedicated service and to build up the necessary identification which is vital to the sound functioning of any organisation. In the instant case, the bulk of the members of the Force were recruited in the year 1993. Long years of service of such members, who, as on date continue to remain in the Force itself create an equitable right to expect some sort of permanency in service. 8. Mr. B.J. Talukdar, learned State Counsel has been emphatic in asserting that no Master and Servant relationship between the State of Assam and the members of the Force exist in the facts of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he authority, the concerned state authorities will ensure continuance of the employment of the members of the Force till such time that the Force remains in operation and simultaneously embark upon a package of phased rehabilitation of the members of the Force. The directions in favour of the members of the Force, as hereinabove, is naturally subject to their being found fit and eligible for continuance in active service. No time limit has been fixed to compel performance of the obligations cast upon the State authorities by this order as this Court sees no reason as to why the authorities will not carry out such obligations within a reasonable time. 10. The writ petition is allowed as indicated above. - - TaxTMI - TMITax - Indian L ..... X X X X Extracts X X X X X X X X Extracts X X X X
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