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2019 DIGILAW 935 (GUJ)

Madhukant Govindbhai Chauhan v. State of Gujarat

2019-10-16

N.V.ANJARIA

body2019
ORDER : N.V. Anjaria, J. 1. In the facts and circumstances of the case, and with consent and request of learned advocates appearing for the respective parties, the matter was taken up for final consideration today. 1.1. Heard learned advocate Ms. Archita Prajapati for the petitioner and learned Assistant Government Pleader Mr. Meet Thakkar for the respondent State and its authorities. 2. By filing the present petition, the petitioners has made following prayers, "(i) to treat the Petitioner on Workcharged Establishment on completion of initial 5 Years of service as Dailywager employees i.e. from the date of Joining. (ii) to direct the Respondents to grant the benefit of Temporary establishment to the Petitioner on completion of 5 years of services from the date the Petitioner became entitled for getting absorbed in Workcharged Establishment. (iii) to direct the Respondents to grant the benefit of Higher grade pay scale on completion of 9-18-27 years of service from the date they became entitled to be absorbed in Temporary Establishment. (iv) To direct the Respondents to grant the Petitioner other consequential benefits by re-fixing his salary and pay arrears of salary looking to the length of service and by considering his initial date of appointment." 3. The basic facts are that the petitioner has been working as daily labourer under the respondents since last 34 years with effect from 21.09.1985. It is the grievance of the petitioner that though served for 34 years, respondents have not extended the benefits of workcharged establishment/temporary establishment to the petitioner. It is further the say of the petitioner to direct the respondents to grant the benefits of Higher Grade Pay scale and other consequential benefits which are otherwise extended to the similarly situated employees. It is stated that the authorities ought to have given the benefits of work-charged establishment to the petitioner in the year 1990. It is further stated that the temporary establishment benefits ought to have been given to the petitioner in the year 1995. It is further stated that the benefits of higher grade pay scale ought to have been given to the petitioner in the year 2004 and 2013. 3.1. It is the case of the petitioner that similarly situated work-charge employees filed before this Court Special Civil Application No. 10829 of 2003 seeking benefit to be absorbed on the temporary establishment. It is further stated that the benefits of higher grade pay scale ought to have been given to the petitioner in the year 2004 and 2013. 3.1. It is the case of the petitioner that similarly situated work-charge employees filed before this Court Special Civil Application No. 10829 of 2003 seeking benefit to be absorbed on the temporary establishment. The said petition was partly allowed, whereafter the judgment of learned Single Judge was challenged before the Division Bench in State of Gujarat v. Gujarat Mazdoor Sabha being Letters Patent Appeal No. 380 of 2016. The Letters Patent Bench modified the directions issued by the learned Single Judge. The petitioner claimed benefit of the law laid down in the said proceedings which were in respect of similarly situated workcharge employees. 4. Thus, the parties appearing through their respective learned advocates were ad idem that set of petitions filed by the similarly situated persons seeking similar relief came to be disposed of by this court by applying the directions issued in Gujarat Mazdoor Sabha (supra) in the Letters Patent Appeal. Those petitions were Special Civil Application No. 12703 of 2016 and allied petitions, decided on 20th September, 2018. 4.1. It was submitted and stated that in view of the State Government Resolution dated 16th August, 1993, the petitioner is entitled to be appointed and considered to be on the post in the temporary establishment. His case is that upon completion of five years, he should be treated to be on the temporary establishment as held in the aforesaid Special Civil Application No. 10829 of 2003. 5. The decision of learned Single Judge in aforesaid Special Civil Application No. 10829 of 2003 was carried in Letters Patent Appeal which culminated into decision of the Division Bench of this Court in Gujarat Mazdoor Sabha (supra). The Letters Patent Bench, it is further not in dispute, modified the directions issued by the learned Single Judge in Special Civil Application No. 10829 of 2003 which would apply to govern cases of the similarly situated present petitioner, for which the parties through their learned advocates are ad idem. 6. The Letters Patent Bench, it is further not in dispute, modified the directions issued by the learned Single Judge in Special Civil Application No. 10829 of 2003 which would apply to govern cases of the similarly situated present petitioner, for which the parties through their learned advocates are ad idem. 6. The Letters Patent Bench in Gujarat Mazdoor Sabha (supra) observed, modifying the directions to provide that all workcharge employees who had worked for more than 20 years shall be entitled to their conversion to temporary establishment as per Government Resolution dated 16th August, 1973, instead of at the end of five years which was the direction of the learned Single Judge, held as under. "So far as the impugned direction's in respect of workcharged employees namely all those workcharged employees to be absorbed/converted to temporary establishment on their completion of 5 years' service and they shall be paid the consequential benefits accordingly is hereby quashed and set aside and is modified to the extent and it is held that all those petitioners - workcharged employees who have worked for more than 20 years as workcharged employees shall be entitled to conversion to temporary establishment as per the G.R. Dated 16.08.1973 from the date on which they complete 20 years of service as workcharged and they shall be entitled to all the benefits which may be available to the employees working in the temporary establishment, including the benefit of higher pay scale/grade if at all the same is being paid to the employees working in the temporary establishment, however they shall be paid the arrears on such conversion to temporary establishment for the period preceding 3 years of filing of the respective petitions. The arrears shall be calculated and paid within a period of 4 months from today, failing which it shall carry interest at the rate of 9% per annum. It is also directed that in case any of the work charged employee has retired, he shall be paid the retirement benefits as if he was converted to temporary establishment provided such employee has worked for not less than 20 years as workcharged employee and retirement benefits be calculated and paid accordingly, however they shall be paid the arrears for 3 years only. Such exercise also shall be completed within period of four months from today. Present appeals are partly allowed to the aforesaid extent. Such exercise also shall be completed within period of four months from today. Present appeals are partly allowed to the aforesaid extent. In the facts and circumstances of the case, there shall be no order as to costs." 6.1. Since the petitioner herein is identically placed person, his case would stand covered by the aforesaid directions of the Division Bench. The benefits flowing therefrom and the benefits with reference to Government Resolution dated 16th August, 1973, shall be required to be extended to the present petitioner. Therefore, all the directions including the extension of benefits for all kinds of payment, payments of arrears, shall apply to the present petitioner. The petitioner who has retired, shall be extended the benefits with consequential effect. 6.2. Accordingly, the petition stands allowed in the same directions as per the directions issued by the Letters Patent Bench in the decision in Gujarat Mazdoor Sabha (supra). The petitioner who has worked for more than 20 years as workcharge employee, shall be entitled to and shall be converted to the temporary establishment as per the State Government's Resolution dated 16th August, 1973 from the date on which he completed 20 years of service as workcharge employee. 6.3. The petitioner shall also be entitled to all consequential benefits as may be available and admissible to the employees working in the temporary establishment including the benefits of payment of scale/grade etc. if and in cases payable, if such benefit is paid to the employees of the temporary establishment. 6.4. It is provided that the petitioner shall be allowed the arrears upon such conversion to temporary establishment for the preceding three years of filling of the petition. 6.5. The above benefits as well as the payable arrears shall be calculated and paid within a period of four months from the date of receipt of the present order. 7. The petition stands allowed in the aforesaid terms. Direct service is permitted.