Benu Mohan Borah and 25 Ors. v. Vinod Kr. Pipersania and 4 Ors.

Gauhati HC4 Feb 2024Cont.Cas(C)/801/2015

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a batch of contempt petitions assailing the violation of a 2014 order directing the Government to finalize Voluntary Retirement Scheme (VRS) benefits. Hon'ble Court held that since the petitioners submitted VRS was already granted, the specific order was complied with, and the petitions were closed, advising them to approach appropriate forums for any remaining g

What did the court decide?

Contempt petitions stood closed as the court found the previous direction was complied with upon submission that VRS was granted.

Benu Mohan Borah and 25 Ors. Vs Vinod Kr… — Pension and Retirement Benefits | Gauhati HC (2024)

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Page No.# 1/7

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GAHC010118412015

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Cont.Cas(C)/405/2015

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NOWGONG CO-OPERATIVE SUGAR MILLS WORKER'S UNION HAVING ITS OFFICE AT KAMPUR DIST. NAGAON, ASSAM, REP. BY ITS GENERAL SECRETARY- SRI BHADRA KANTA NATH.

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VERSUS

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VINOD KUMAR PIPERSANIA and 5 ORS IAS, CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI781006. 2:SRI HEMANTA NARZARY IAS PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI- 781006. 3:DR. RAVI KOTA IAS PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 4:SRI V.B. PYARELAL

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IAS ADDITIONAL CHIEF SECRETARY-CUM- PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC ENTERPRISES DEPARTMENT DISPUR

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Page No.# 2/7

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GUWAHATI- 781006.

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5:SRI SANJIB GOGOI IAS REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI - 781022.

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6:SMT. ANUPAMA CHAKRABORTY OFFICIAL LIQUIDATOR-CUM- MANAGING DIRECTOR FOR THE NAGAON CO -OPERATIVE SUGAR MILLS LTD. KAMPUR DIST. NAGAON ASSAM

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Advocate for the Petitioner : MR.M K BARUAH

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Advocate for the Respondent : MR.KHAYERUDDINR-1 and 2

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Linked Case : Cont.Cas(C)/705/2015

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BHABANANDA DUTTA and 37 ORS S/O. LT. KASIRAM DUTTA VILL. BURAGAON P.O. BARUAH BAMUNGAON

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VERSUS

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VINOD KUMAR PEPERSENIA and 7 ORS THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY.-06.

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-----------Advocate for : MR.M U MONDAL Advocate for : MR.A U AHMEDR-1 2 and 5 appearing for VINOD KUMAR PEPERSENIA and 7 ORS

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Page No.# 3/7

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Linked Case : Cont.Cas(C)/801/2015

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BENU MOHAN BORAH and 25 ORS. S/O. LT. GAGAN CH. BORA VILL. ATI KAMPUR P.O. and P.S. KAMPUR DIST. NAGAON ASSAM. VERSUS VINOD KR. PIPERSANIA and 4 ORS. CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY.-781006.

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-----------Advocate for : MR.K GOGOI Advocate for : DR.B AHMEDR-1 2 4and5 appearing for VINOD KR. PIPERSANIA and 4 ORS.

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Linked Case : Cont.Cas(C)/115/2016

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GULMAI DAS and 7 ORS W/O LT. JURMONI DAS VILL. JELMONI P.O. DHUDANG 2: GOLAPI MURA W/O BHADUA MURA VILL. RANGDHALI GOAN P.O. BATIPORIA

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3: SAGAR CH. BORA S/O LT. TELTUPI BORA VILL. KOMARGAON P.O. DERGAON

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4: ANIL BORTHAKUR S/O LT. NANDESWAR BARTHAKUR VILL. KURALGURI P.O. BORUAH BAMUNGAON

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Page No.# 4/7

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5: TULSHI GOGOI S/O LT. MUKESWAR GOGOI VILL. and P.O. BATIPORIA 6: LILA DHAR SAIKIA S/O LT. DURNO SAIKIA VILL. JERASUK P.O. GONOK PUKHURI 7: GONESH BORA S/O LT. GOPAL BORA VILL. PULUGAMARIA P.O. GONOK PUKHURI

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8: PUNA RAM SAIKIA S/O LT. MOGORAM SAIKIA VILL. and P.O. BONGALGAON ALL THE PETITIONERS ARE DIST- GOLAGHAT ASSAM PIN-785621 VERSUS VINOD KUMAR PEPERSENIA and 7 ORS IAS THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY-6 2:HEMANTA NAGARI IAS THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM CO-OP. DEPTT. DISPUR GHY-6 3:V.B. PEYARALAL IAS THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM PUBLIC ENTERPRISES DEPTT. DISPUR GHY-6 4:ROVI KOTA IAS THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6 5:S.K. GOGOI

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Page No.# 5/7

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THE REGISTRAR OF CO-OP. SOCIETIES ASSAM GOVT. OF ASSAM KHANAPARA GHY-22 6:ANIL HAZARIKA THE MANAGING DIRECTOR ASSAM CO-OP. SUGAR MILLS LTD. BARUAH BAMUNGAON C/O O/O THE DY. REGISTRAR OF CO-OP. SOCIETIES ASSAM 7:ANWARUL HAQUE THE DY. COMMISSIONER GOLAGHAT P.O. and DIST- GOLAGHAT ASSAM PIN-785621 8:S.K. SANGMA THE REGIONAL PROVIDENT FUND COMMISSIONER NORTH EASTERN REGION G.S. ROAD BHANGAGARH GHY-5 -----------Advocate for : MR.M U MONDAL Advocate for : MR.N HAQUE R-1and2 appearing for VINOD KUMAR PEPERSENIA and 7 ORS

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BEFORE

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THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R

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05.02.2024

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Heard Mr. MU Mondal, learned counsel for the petitioners in Cont. Cas(C) 705/2015 in Cont. Cas(C) 115/2016 and Mr. P H Konwar, learned counsel for the petitioners in Cont. Cas(C) 801/2015. None appears for the petitioner in Cont Cas(C) 405/2015.

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These batch of contempt petitions are filed assailing wilful and deliberate violation of this Court’s common order dated 13.11.2014 passed in WP(C) 6092/2010 and other connected writ petition.

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Page No.# 6/7

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By the aforesaid order, this court issued the following directions:

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“Since it is the stand of the Finance Department that unless and until the Cooperation Department makes the final proposal for VRS and provide all the required particulars meeting the queries made by the Finance Department, a final decision cannot be taken in the matter, the writ petitions are disposed of directing the Co-operation Department to meet all the queries, which have been raised by the Finance Department and also to submit the final proposal of VRS, along with all required particulars, without any further delay, preferably within 31^st of December, 2014. Since the employees in absence of the benefits of the VRS have been suffering ever since the mills/ units have been closed and / or have become defunct, once the complete proposal is submitted and the queries are made, providing all the required particulars by the Co-operation Department, the Finance Department shall also finalize the mater as expeditiously as possible. Let the required exercise be carried out and completed on or before 31^st March, 2015.”

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These matters are pending since 2015. Mr. MU Mondal, learned counsel for the petitioners in Cont. Cas(C) 705/2015 in Cont. Cas(C) 115/2016 and Mr. P H Konwar, learned counsel for the petitioners in Cont Cas(C) 801/2015 submit that though VRS has been granted to the petitioners, however, the full benefits under the VRS has not been paid to the petitioners.

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Direction was specific that the name of the petitioners for VRS along with required particulars was to be forwarded to the Finance Department and Finance Department was to finalise the matter within 31^st December, 2014. As the learned counsel for the petitioners submitted that VRS had already been granted, in the considered opinion of this court, the order in question has duly been complied with.

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Page No.# 7/7

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Accordingly, the contempt petitions stand closed.

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Petitioners shall be at liberty to approach appropriate forum if any grievance still exists as regards calculation of VRS or non-payment of the entire amount.

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JUDGE

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Comparing Assistant

Benu Mohan Borah and 25 Ors. v. Vinod Kr. Pipersania and 4 Ors.

Case brief

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Benu Mohan Borah and 25 Ors. v. Vinod Kr. Pipersania and 4 Ors.

Case brief

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