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2014 DIGILAW 277 (GUJ)

PWD Employees Union v. State of Gujarat

2014-02-19

ABHILASHA KUMARI

body2014
JUDGMENT : Abhilasha Kumari, J. Rule. Ms. Moxa Thakker, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondents. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally. 2. By preferring this petition under Article 226 of the Constitution of India, the petitioners, inter alia, pray for the issuance of a writ of mandamus, directing the respondents herein to apply the judgment dated 9-7-2013, passed in Civil Appeals Nos. 5321 and 5322 of 2013, arising out of Special Leave Petition (C) No. 13619-13620 of 2013, by the Supreme Court, to the petitioners Nos. 2 and 3. 3. The brief factual background in which the petition has been moved is that, petitioners Nos. 2 and 3 are Members of petitioner No.1-PWD Employees' Union. They are working as daily wagers in the Forest Department of the State of Gujarat for the past several years. Both the petitioners have, by now, put in more than six years of service on daily-wage basis. Similarly situated employees had preferred Special Civil Application No.8647 of 2008 and Special Civil Application No.8751 of 2008, before this Court, seeking benefits under the Government Resolution dated 17.10.1988. This Court, by judgment dated 29.10.2010 passed in Special Civil Application No.8647 of 2008 and 8751 of 2008, had directed the State Government to frame a Scheme for the permanent absorption of the petitioners therein. The State Government preferred Letters Patent Appeals against the said decision of the learned Single Judge, which were dismissed by the Division Bench by judgment dated 28.02.2012. Against the judgment of the Division Bench, the State preferred Special Leave Petition (C) No. 13619-13620 of 2012 before the Supreme Court. By the judgment in State of Gujarat and others v. PWD Employees' Union reported in 2013 (8) SCALE 579 the Supreme Court upheld the order of this Court and directed the State Government to grant the benefits of the Scheme, as contained in Government Resolution dated 17.10.1988, to all the daily-wage workers of the Forest and Environment Department, working for more than five years. It is the case of the petitioners that they are similarly situated in all respects and are thus entitled to the benefits under the Government Resolution dated 17.10.1988, in the light of the judgment of the Supreme Court. It is the case of the petitioners that they are similarly situated in all respects and are thus entitled to the benefits under the Government Resolution dated 17.10.1988, in the light of the judgment of the Supreme Court. As the said benefits have not been extended to them, they have approached this Court by filing the present petition. 4. Mr. Shalin Mehta, learned Senior Advocate with Ms. Vidhi J. Bhatt, learned advocate for the petitioner, has submitted that a co-ordinate Bench of this Court has rendered a judgment dated 6-1-2014 in Special Civil Application No. 515 of 2012 directing the State Government to examine the cases of the petitioners therein as per the directions issued by the Supreme Court in State of Gujarat and others v. PWD Employees' Union (Supra) and take a decision within four months from the receipt of a copy of the judgment. At that point of time, the State Government had filed a review petition in the Supreme Court against the judgment in State of Gujarat and others v. PWD Employees' Union (Supra). However, the said review application has now been dismissed by an order dated 29.01.2014 passed in Review Petition (C) Nos.2826 and 2827 of 2013 in Civil Appeal Nos.5321- 5322 of 2013. Hence, there is now no impediment in the way of the State Government in extending the benefits of Government Resolution dated 17.10.1988, to the petitioners. 5. Ms. Moxa Thakker, learned Assistant Government Pleader submits that in view of the judgment of the Supreme Court, the respondents may be directed to examine the cases of the petitioners individually so as to ascertain their entitlement to the benefits flowing from the Government Resolution dated 17.10.1988. 6. This Court has heard learned counsel for the respective parties and considered the material on record. The petition is squarely covered by the judgment of the Supreme Court in State of Gujarat and others v. PWD Employees' Union (supra). The relevant paragraphs of the judgment are quoted herein below: "25. As per scheme contained in Resolution dated 17th October, 1988 all the daily wage workers were not entitled for regularisation or permanency in the services. As per the said Resolution the daily wagers are entitled to the following benefits: "(i) They are entitled to daily wages as per the prevailing Daily Wages. As per scheme contained in Resolution dated 17th October, 1988 all the daily wage workers were not entitled for regularisation or permanency in the services. As per the said Resolution the daily wagers are entitled to the following benefits: "(i) They are entitled to daily wages as per the prevailing Daily Wages. If there is presence of more than 240 days in first year, daily wagers are eligible for paid Sunday, medical allowance and national festival holidays. (ii) Daily wagers and semi skilled workers who has service of more than five years and less than 10 years are entitled for fixed monthly salary along with dearness allowance as per prevailing standard, for his working days. Such daily wagers will get two optional leave in addition to 14 misc. leave, Sunday leave and national festival holidays. Such daily wagers will also be eligible for getting medical allowance and deduction of provident fund. (iii) Daily wagers and semi skilled workers who has service of more than ten years but less than 15 years are entitled to get minimum pay scale at par with skilled worker along with dearness allowance as per prevailing standard, for his working days. Moreover, such daily wagers will get two optional leave in addition to 14 misc. leave, Sunday leave and national festival holidays. He/she will be eligible for getting medical allowance and deduction of provident fund. (iv) Daily wagers and semi skilled workers who has service of more than 15 years will be considered as permanent worker and such semi skilled workers will get current pay scale of skilled worker along with dearness allowance, local city allowance and house rent allowance. They will get benefit as per the prevailing rules of gratuity, retired salary, general provident fund. Moreover, they will get two optional leave in addition to 14 misc. leave, 30 days earned leave, 20 days half pay leave, Sunday leave and national festival holidays. The daily wage workers and semi skilled who have completed more than 15 years of their service will get one increment, two increments for 20 years service and three increments for 25 years in the current pay scale of skilled workers and their salary will be fixed accordingly." 26. The daily wage workers and semi skilled who have completed more than 15 years of their service will get one increment, two increments for 20 years service and three increments for 25 years in the current pay scale of skilled workers and their salary will be fixed accordingly." 26. Considering, the facts and circumstances of the case, the finding of Gujarat High Court dated 29th October, 2010 in SCA No.8647/2008 and connected matters and the fact that the said judgment is binding between the parties, we are of the view that the appellants should be directed to grant the benefit of the scheme as contained in the Resolution dated 17th October, 1988 to all the daily wage workers of the Forest and Environment Department working for more than five years, providing them the benefits as per our finding at Paragraph 25 above. The appellants are directed accordingly. The judgment and order passed by the learned Single Judge dated 29th October, 2010 as affirmed by the Division Bench by its order dated 28th February, 2012 stands modified to the extent above. The benefit should be granted to the eligible daily wage workers of the Forest and Environment Department working for more than five years including those who are performing work other than building maintenance and repairing but they will be entitled for the consequential benefit w.e.f. 29th October, 2010 or subsequent date from which they are so eligible within four months from the date of receipt/production of the copy of this order. The appeals stand disposed of with the aforesaid observation and directions to the appellant-State and its authorities. There shall be no separate orders as to costs." 7. The Review Petitions filed by the State Government against this judgment have now been dismissed by the Supreme Court, vide order dated 29.01.2014, a copy of which has been tendered by the learned Senior Advocate and is taken on record of the petition. In the view of this Court, there remains no impediment at all, on the part of the State Government in extending the benefits of the Government Resolution dated 17.10.1988, to petitioners Nos. 2 and 3 subject to their fulfilling the requisite conditions. 8. In view of the above, the following order is passed: The respondents shall examine the cases of petitioners Nos. 2 and 3 subject to their fulfilling the requisite conditions. 8. In view of the above, the following order is passed: The respondents shall examine the cases of petitioners Nos. 2 and 3 and, if found eligible, shall extend the benefits of the Government Resolution dated 17.10.1988 to them, as per the directions of the Supreme Court. The needful be done within a period of four months from the date of the receipt of a copy of this order. 9. The petition is allowed to the above extent. Rule is made absolute, accordingly. Petition partly allowed.