2002 (4) TMI 995 - HC - Indian Laws

Tea Plantation Security Force entitled to regularization as Government servants

The Court held that Tea Plantation Security Force members are considered Government servants entitled to regularization. The State's argument that funding ... - Issues:Regularization of services of Tea Plantation Security Force members.Analysis:1. The writ petitioners, representing the Tea Plantation Security Force members, sought regularization of their services due to uncertainty and insecurity of tenure. The Force was raised to address extremist threats in Assam, and recruitment was done by the State Govt. Nearly 600 members were selected and trained for security duties in Tea Gardens. However, the State authority implemented a policy of arbitrary removals, leading the Force members to approach the Court for relief.2. The State respondents argued that the Force members do not have permanent tenure, akin to Home Guards, and can be replaced after a fixed period. They claimed that the Force's funding by Tea Gardens made the members non-employees of the State, thus denying their right to regularization. The Memorandum of Understanding highlighted the Force's primary duties of providing security to Tea Garden personnel, escorting cash, and guarding installations against extremist threats.3. The central issue for determination was whether the Force members are considered Government servants. The Court criticized the State's archaic stance, emphasizing the constitutional principles of equality and right to life. The Court rejected the argument that funding by Tea Gardens made the members non-civil servants, highlighting that State activities are funded by citizens, and the distinction is merely formal.4. The Court emphasized the importance of the Force's role in maintaining law and order and public security, akin to the functions of the Police. The Court noted that the uncertainty of tenure for Force members was detrimental to their dedication and service. Referring to a previous case, the Court stressed the need for permanency for long-serving members, creating an equitable right to expect job security.5. The State's argument that the Force members are employees of Tea Estates was refuted by applying industrial law principles. The Court highlighted the importance of the right to supervise and control work in determining a Master and Servant relationship. Ultimately, the Court directed the State to consider granting permanent status and pay scale to eligible Force members, ensuring their continued employment and phased rehabilitation if necessary.6. The Court allowed the writ petition, instructing the State to address the regularization of Force members without a fixed time limit, emphasizing the need for timely action to fulfill the obligations imposed by the judgment.