SCA/16175/2011 1/2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 16175 of 2011 ========================================================= KAYSINH BHUPATSINH MAKWANA & 31 Petitioner(s) Versus STATE OF GUJARAT THRO THE SPECIAL SECRETARY & 2 Respondent(s) ========================================================= Appearance :
MR JA ADESHRA for Petitioner(s) : 1 32. GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 2, NOTICE SERVED for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 29/08/2012 ORAL ORDER
1. By way of this petition, the petitioners have prayed to direct the respondents to appoint the petitioners in the work-charge establishment from the date of completion of five years' service as daily wager and grant them the benefits of G.R. dated 12.12.1989 with continuity of service and other consequential benefits.
2. The petitioners were appointed as daily wagers and have been working as such since last several years. Learned counsel for the petitioners has placed reliance on certain decisions of this Court passed in S.C.A.
No.9852/2006, 24906/2006, 4449/2009 and 297/2010 and submitted that the respondent-State has implemented those orders and have given the status of work-charge employees in the work-charge establishment of the State Government and have also granted consequential benefits. Therefore, similar benefits may be granted to the petitioners herein.
3. Heard. Considering the facts of the case and in view of the decision rendered by the Full Bench of this Court in the case of Amreli Municipality v. Gujarat Pradesh Municipal Employees Union, 2004 (3) G.L.R. 1841 and by the Apex Court in the cases of Secretary, State of Karnataka and others v. Umadevi (3) and others, (2006) 4 SCC 01 and in Official Liquidator v. Dayanand and others, (2008) SCC 01, it will not be appropriate to issue writ and the appropriate remedy is to raise an industrial dispute. Hence, this petition is not entertained and is, accordingly, rejected.
[K. S. JHAVERI, J.] Pravin/* HC-NIC Page 2 of 2 Created On Tue Jan 30 23:05:48 IST 2018