IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4600 of 2000 For Approval and Signature:
HONOURABLE MR.JUSTICE N.V. ANJARIA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================================= RAMESHBHAI D PANDYA & 8 - Petitioner(s) Versus RANGE FOREST OFFICER & 3 - Respondent(s) ========================================================= Appearance :
MR JV JAPEE for Petitioner(s) : 1 - 9. RULE SERVED for Respondent(s) : 1 - 3.
MR KABIR HATHI AGP for Respondent(s) : 4, =========================================================
CORAM : HONOURABLE MR.JUSTICE N.V. ANJARIA
Date : 10/04/2012 ORAL ORDER The petitioners are daily wagers working under respondent No.1-
Forest Department, Government of Gujarat, and are engaged to do miscellaneous labour work and to protect the plantations in the forest area and for such work. By contending that they have put in continuous service for more than 10-15 years and claiming that their work is of permanent nature, they, in the present petition under Article 226 of the Constitution, have prayed for the following relief:
“(A) Your Lordships be pleased to issue a writ of mandamus and/or by a writ in the nature of mandamus and/or appropriate writ, order or direction of this Honourable Court and be pleased to direct the respondents to extend the benefits of the Government Resolution dated 17-10-1988 to the present petitioners commensurate with the length of their service with all the consequential benefits.
(B) Your Lordships be pleased to direct the respondents to give the permanent status to the petitioners in view of their continuous length of service since last many years with all consequential benefits.
(C) Your Lordships be pleased to direct the respondents to grant the petitioners the same remuneration as being paid to the permanent labourers working in the forest department on the principle of equal work equal pay with all the consequential benefits.”
2. This court heard the learned advocates appearing for the petitioners and the learned Assistant Government Pleader.
3. So far as prayer in paragraph no. 12(A) for extending the benefit of Resolution dated 17.10.1988 to the petitioners is concerned, the issue is covered by decision of this court in Ramjibhai Kalaji Thabiyad & 11 others Vs. Range Forest Officer & Another (Special Civil Application No.7162 of 1998 decided on 31.03.2010). The petitioners of that petition were daily rated watchmen working under the same Forest Department as the petitioners are. It was held that they were not entitled to get the benefit of Government Resolution dated 17.10.1988 as they were not engaged in the work of maintenance and repairs of construction. In Gujarat Forest Producers, Gatherers and Forest Workers Union Vs. State of Gujarat [(2004) 2 GLR 1488] it is held that the Resolution dated 17.10.1988 applies only to those daily rated employees working for maintenance and repairs of construction in various departments of the State Government including the Forest and Environment Department. Ramjibhai (supra) relied on the decision in Gujarat Forest Producers (supra). Therefore, the petitioners, who belong to homogeneous class of employees not working for maintenance and repairs of construction, the Resolution dated 17.10.1988 does not apply. Thus, the prayer for granting benefit of that Resolution cannot be granted.
4. The prayers in paragraphs no. 12(B) and 12(C) are for conferment of permanent status and payment of salary as being paid to the regular employees on the principle of equal pay for equal work. In view of the apex decision in Secretary, State of Karnataka Vs. Umadevi (3) [(2006) 4 SCC 1] holding categorically that the High Court in exercise of powers under Article 226 of the Constitution is not justified to issue directions for absorption, regularization or permanent continuance of casual, temporary, daily waged or ad-hoc employees whose entry in service was not after following the due procedure for recruitment, their employment being de hors the constitutional scheme of public employment. In subsequent decisions in Gurbachanlal Vs. Regional Engineering College [(2007) 11 SCC 102], Pinaki Chaterjee & Others Vs. Union of India [AIR 2009 SC 2623], Harvinder Kaur & Others Vs. Union of India [AIR 2009 SC 2875], State of Rajasthan & Others Vs. Dayalal & Others [(2011) 2 SCC 429] the Supreme Court reiterated the ratio and the dictum laid down in Umadevi (supra).
5. In view of the settled law, the petitioners herein, who are daily wagers not regularly employed, cannot seek a writ of mandamus for grant of permanent status or regularization. The number of years of service they have put in in their such capacity is of no avail to them in claiming regularization, when they were not employed pursuant to the regular selection process.
6. Hence, none of the relief can be granted to the petitioners. Learned advocate for the petitioners, however, requested that in respect of prayers claiming permanent status and remuneration at par with permanent employees, the petitioners may be relegated to the appropriate remedy under the industrial law. In this regard it would be suffice to observe that it is open to the petitioners to invoke and pursue remedy available under the Industrial Disputes Act, 1947 or any other alternate remedy permissible under law before any other competent forum for their claim of permanent status, etc. to be considered in accordance with law. If the petitioners opt to avail any such remedy as may be available to them, rejection of the prayers in this petition would not be a precluding factor.
7. Subject to the aforesaid observations, the petition is dismissed. No order as to costs.
(N.V. ANJARIA, J.)
(SN DEVU PPS)