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2014 DIGILAW 577 (GUJ)

PWD EMPLOYEES'S UNION v. STATE OF GUJARAT

2014-04-25

ABHILASHA KUMARI

body2014
JUDGMENT : 1. Rule. Mr.Hardik Soni, 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 that petitioners Nos.2 and 3 may be conferred the benefits flowing from the Government Resolution dated 17.10.1988, issued by the Road and Building Department, Government of Gujarat. 3. A brief factual background in which the petition has been moved is that petitioner No.1 is the PWD Employees’ Union whereas petitioners Nos.2 and 3 are dailywagers who have been working in the Health and Family Welfare Department of the State Government with effect from 20.12.1990 and 01.01.1988, respectively. The details of their services are given in the document annexed at AnnexureA to the petition. It is the case of the petitioners that they have put in more than 20 years of continuous service on dailywage basis. Therefore, they are eligible to receive the benefits of the Government Resolution dated 17.10.1988. The petitioners assert that similarly situated dailywagers had earlier filed petitions seeking the benefits of the Government Resolution dated 17.10.1988, and such benefits have been extended to them by several orders of this Court. The matters have even reached the Supreme Court and by the judgment in State of Gujarat and others vs. PWD Employees’ Union, reported in 2013(8) SCALE 579, the Supreme Court has upheld the orders of this Court and directed the State Government to grant the benefits of the Scheme, as contained in the Government Resolution dated 17.10.1988, to all the daily wage workers of the Forest and Environment Department, and other Departments of the State Government, who have been working for more than five years. It is the case of the petitioners that they are squarely covered by the abovementioned judgment of the Supreme Court, therefore, the benefits of the Government Resolution dated 17.10.1988, ought to be extended to them, as well. 4. Ms.Vidhi J.Bhatt, learned advocate for the petitioners, has submitted that even though the Supreme Court has ruled in favour of similarly situated persons, the State Government has not extended the benefit of the Government Resolution dated 17.10.1988, to petitioners Nos.2 and 3, so far. 4. Ms.Vidhi J.Bhatt, learned advocate for the petitioners, has submitted that even though the Supreme Court has ruled in favour of similarly situated persons, the State Government has not extended the benefit of the Government Resolution dated 17.10.1988, to petitioners Nos.2 and 3, so far. It is submitted that 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.53215322 of 2013. It is further submitted that in Paragraph21 of the judgment in State of Gujarat and others v. PWD Employees’ Union (supra), the Supreme Court has clarified that the benefits of the Government Resolution dated 17.10.1988, are not limited to any particular Department but apply to all the Departments of the State Government, including Road and Building, Forest and Environment, Water Resources, etc. It is, therefore, submitted that the petitioners Nos.2 and 3 are also eligible to be granted the same benefits. 5. Mr.Hardik Soni, 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 Vs. PWD Employees’ Union (supra). The relevant paragraphs of the judgment are quoted hereinbelow: “20. ... The State Government vide its Resolution dated 17th October, 1988 has not limited it to the daily wage workers working in building maintenance and repairing work. What we find is that the Resolution dated 17th October, 1988 is applicable to all the daily wage workers working in different departments of the State including Forest and Environment Department performing any nature of job including the work other than building maintenance and repairing work .... 21. What we find is that the Resolution dated 17th October, 1988 is applicable to all the daily wage workers working in different departments of the State including Forest and Environment Department performing any nature of job including the work other than building maintenance and repairing work .... 21. In view of the aforesaid observation, we find that the Full Bench of the Gujarat High Court in Gujarat Forest Producers, Gatherers and Forest Workers Union (supra) proceeded on erroneous premises to hold that the Resolution dated 17th October, 1988 is applicable only to the daily wage workers of Forest Department engaged in building maintenance and repairing work. The conclusions in the said judgment are not sustainable otherwise also. We have already noticed that the Resolution of the State Government dated 17th October, 1988 is not limited to any particular department, it applies to all the departments including Road and Building, Forest and Environment Department, Water Resources Department, etc. We have also noticed that the Committee headed by the Minister of Road and Building Department looked into the wages of daily wage workers and work related facilities provided to the daily wage workers engaged in building maintenance and repairing work in different departments, only for the purpose of its recommendations. The Committee has not limited the recommendations amongst the daily wage workers engaged in building aintenance and repairing work in different departments by its aforesaid Resolution. It is applicable to all daily wage workers including semiskilled workers performing any nature of job, working in ifferent departments of the State including the daily wage workers of the Forest Department performing work other than building maintenance and repairing work. 25. As per scheme contained in Resolution dated 17th October, 1988 all the daily wage workers were not entitled for regularization 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. (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. 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 th 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 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, passed in Review Petition (C) Nos.2826 and 2827 of 2013 in Civil Appeal Nos.53215322 of 2013. 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 individually 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.