IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 13869 of 2012 With SPECIAL CIVIL APPLICATION NO. 13870 of 2012 TO SPECIAL CIVIL APPLICATION NO. 13878 of 2012 With SPECIAL CIVIL APPLICATION NO. 9036 of 2013 With SPECIAL CIVIL APPLICATION NO. 9477 of 2013 With SPECIAL CIVIL APPLICATION NO. 9479 of 2013 TO SPECIAL CIVIL APPLICATION NO. 9482 of 2013 ================================================================ SHANKAR VECHATBHAI BARIYA & 9....Petitioner(s) Versus RANGE FOREST OFFICER &
3....Respondent(s) ================================================================ Appearance:
MR TUSHAR L SHETH, ADVOCATE for the Petitioner(s) No. 1 - 10 MR DM DEVNANI, AGP. for the Respondent(s) No. 1 - 4 ================================================================ CORAM:
HONOURABLE MR.JUSTICE R.M.CHHAYA Date : 24/09/2013 ORAL COMMON ORDER
1. In this group of petitions the petitioners have claimed benefit of Government Resolution dated 17.10.1988. The Hon'ble Apex Court in the case of PWD Employees' Union Vs. State of Gujarat in Civil Appeal No. 5321-5322 of 2013, decided on 9.7.2013, has observed thus :
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 maintenance and repairing work in different departments by its aforesaid Resolution. It is applicable to all daily wage workers including semi-skilled workers performing any nature of job, working in different departments of the State including the daily wage workers of the Forest Department performing work other than building maintenance and repairing work.
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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. 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 age 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."
2. Mr.
D.M. Devnani, learned Assistant Government Pleader has invited attention of this Court to the Affidavit-in-Reply filed in one of the petitions and has further contended that the State Government has decided to file Review Petition before the Hon'ble Apex Court. However, the fact remains that there is binding decision of the Hon'ble Apex Court in the issue involved in this group of petitions. It is also true that straight way same benefits cannot be granted to the petitioners, however, the respondent State will be obliged to verify the case of each of the petitioner in this group petitions as per the ratio laid down by the Hon'ble Apex Court in case of PWD Employees' Union Vs. State of Gujarat (supra) and submit its report qua present petitioners in these proceedings, more particularly, as observed by the Hon'ble Apex Court in paragraph nos. 21 and 25 as quoted hereinabove. Compliance report shall be filed by the respondent latest by 14.10.2013. S.O.
to 15.10.2013. Copy of this order be provided to Mr. D.M.
Devnani, learned Assistant Government Pleader for its onward communication.
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(R.M.CHHAYA, J.) M.M.BHATT Page 4 of 4