WP(C) 560/2009 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. B. D. Konwar, learned counsel for the petitioners, and Mr. B. Goswami, learned counsel for the respondents. Having heard the learned counsel for the parties, this Court had passed an order, on 08.04.2010, which reads, inter alia, thus: Considering the matter in its entirety and in the interest of justice, it is he reby made clear that unless otherwise directed by this Court, there shall be no bar, on the part of the State respondents, to engage the present petitioners in the field work of the Department along with similarly situated other persons, if such engagement is legally made. It is further clarified that the engagement, as has been permitted by th is Court, by its order, dated 08.04.2010, shall not be in a manner, which may co me into conflict with the observations made, and the directions given, by a Full Bench of this Court, in Jitendra Kalita & Ors. Vs. State of Assam & Ors., repor ted in (2006) 2 GLT 654 (FB). As regards the claim of the petitioners that they have not been paid their dues for the period, for which they had worked, it needs to be pointed out that the c ontention of the petitioners, that they had worked, is disputed by the responden ts. For such a disputed question of fact, a proceeding of present nature, under Article 226 of the Constitution of India, is not the appropriate proceeding ina smuch as determination of such a question would require making of roving enquiry and adducing of evidence by the parties concerned. In such circumstances, as f ar as the petitioners’ claim for non-payment of their dues are concerned, the pe titioners shall have to take recourse to appropriate provisions of law for remed y of their grievances. If any proceedings is instituted by the petitioners clai ming payment of their alleged dues, the observations, made and/or the findings r ecorded by the respondents, in their enquiry report, on 19.11.2008 (Annexure P-2 3 to the writ petition), shall not be binding on the petitioners, though the sam e may be relevant for the respondents in order to sustain their findings in the matter. No order as to costs.