Page No.# 1/4 GAHC010134782017 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4243/2017 NAREN BORA and 141 ORS. S/O. LT. BOGAI BORA, R/O. DAKHIN BONGALGAON, P.O. BONGALGAON, DIST. GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM and 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, CO-OPERATION DEPTT., DISPUR, GUWAHATI-6 2:THE COMM. and SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-6. 3:THE REGISTRAR OF CO-OPERATIVE SOCIETY ASSAM GOVT. OF ASSAM GUWAHATI. 4:THE OFFICIAL LIQUIDATOR ASSAM CO-OPERATIVE SUGAR MILL LTD. BARUA BAMUN GAON P.O. DERGAON DIST. GOLAGHAT PIN-785614 Advocate for the Petitioner : MR.D MAHANTA, MS.P BHATTACHARYA,MR.T J MAHANTA,MS.M KALITA Advocate for the Respondent : , SC, CO-OP.,SC, FINANCE Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27-08-2026 Heard Mr. T.J. Mahanta, learned Sr. counsel assisted by Mr. A. Baruah, learned counsel for the petitioners. Also heard Mr. G. Bordoloi, learned standing counsel, Cooperation Department, appearing for the respondents. 2. The petitioners in the present writ petition have prayed for a direction upon the respondent authorities for authorizing to them closure benefits, in the form of VRS and other benefits, in pursuance to the closure of the Assam Cooperative Sugar Mills Ltd. situated at Baruah Bamun Gaon, Golaghat. 3. At the outset this Court would notice, in terms of the directions passed by this Court vide order dated 23-11-2015 in W.P.(C) No. 1930/2008 and other analogous matters, the Liquidator, Assam Cooperative Sugar Mills Ltd., had issued speaking orders in respect of each of the petitioners, determining their entitlement upon the closure of the said mills. In the speaking order, it was categorically mentioned that the petitioners being casual workers on daily wage basis, were paid the arrears of their such wages and were not entitled to any further benefits upon closure of the said sugar mill. 4. The said position was reiterated by Mr. G. Bordoloi, learned standing counsel, Cooperation Department and it was highlighted that the petitioners being only casual workers employed on daily wage basis, the petitioners were not entitled to VRS benefits, Page No.# 3/4 as was extended to the regular/ permanent seasonal workers of sugar mills. 5. Mr. T.J. Mahanta, learned Sr. counsel appearing for the petitioner, had on the last date of listing, prayed for an adjournment in the matter to examine the issues closely. Mr. Mahanta, on examining of the issues involved, has fairly submitted that the petitioners in the present writ petition have not been able to demonstrate that they are also entitled to any further benefits than that as disclosed by the Liquidator in the speaking orders issued to each of them. Mr. Mahanta has submitted that the petitioners being muster roll/ casual and seasonal workers, were being paid daily wages. Mr. Mahanta, accordingly, submits that, at this stage, in absence of any input being received from the petitioners, it is not possible to make further submissions, as regards the entitlement of the petitioner. 6. I have heard the learned counsel for the parties and have also perused the materials available on record. 7. Considering the facts the petitioners, herein, were appointed as muster roll/ casual/ temporary seasonal workers and they being found to be entitled only to daily wages for the days they were so served, the petitioners, herein, cannot be elevated to the status of a permanent employee in the said sugar mill and/ or permanent seasonal worker working in the said sugar mill, prior to its closure. Accordingly, the petitioners, herein, were held by the authorities to be not entitled to any VRS benefits. The petitioners having not brought on record any material to dispute the contentions raised by the Liquidator, in the speaking orders issued to them, this Court is not in a position to determine, as to whether the petitioners are entitled to any further benefit. Page No.# 4/4 8. Accordingly, the speaking orders issued in respect of each of the petitioners by the Liquidator, Assam Cooperative Sugar Mills Ltd., would not mandate interference from this Court. 9. Having drawn the said conclusions, this Court reserves the liberty with the petitioners, to institute appropriate proceedings in the event any further materials comes into their possession, which would highlight an entitlement to receive higher benefits. In such a situation, the dismissal of the present writ petition, would not stand in the way of the petitioners to claim such benefits. In the event, such claims is made basing on cogent materials, the respondents including the Liquidator of the sugar mill shall give a due consideration to such claim and take the matter to its logical conclusion. 10. With the above observations and directions, the present writ petition stands closed. JUDGE Comparing Assistant