The State Of Gujarat vs Pwd And Forest Employees Union

30. Considering the facts and circumstances of the case, the finding of the Gujarat High Court dated 29-10-2010 in PWD Employees Union v. State of Gujarat [PWD Employees Union v. State of Gujarat, Special Civil Application No. 8647 of 2008, order dated 29-10-2010 (Guj)] 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 17-10-1988 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 para 29 above. The appellants are directed accordingly. The judgment and order passed by the learned Single Judge dated 29-10-2010 [PWD Employees Union v. State of Gujarat, Special Civil Application No. 8647 of 2008, order dated 29-10-2010 (Guj)] as affirmed by the Division Bench by its order dated 28-2-2012 [State of Gujarat v. PWD Employees Union, LPA No. 1754 of 2011 in Misc. Civil Application No. 17 of 2011, decided on 28-2-2012 (Guj)] 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 benefits w.e.f. 29-10-2010 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.

Review filed by the appellant against this judgment was also dismissed on January 29, 2014.

5. Thereafter, the appellant issued GR dated September 15, 2014 as a policy decision to extend the benefit of the aforesaid judgments. The respondents herein filed another contempt petition submitting that this GR dated September 15, 2014 was not in conformity with earlier GR dated October 17, 1988 and, therefore, it amounted to contempt of the Court’s order as the appellant had failed to carry out the directions of the Court by not giving the benefits in terms of GR dated October 17, 1988. The High Court has accepted the contention of the respondents herein. In its detailed judgment dated June 14, 2018, though it has held that case for contempt was not made out, at the same time, the petition is disposed of with the following directions:

6. It may be noted that while giving the aforesaid directions, the order contains a detailed discussion to the effect that GR dated September 15, 2014 is deviation from earlier GR dated October 17, 1988 as per which the appellant was supposed to give the benefits to the respondents.

(iv) Daily wagers and semi-skilled workers who have 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 the benefit as per the prevailing rules of gratuity, retired (sic retiral) salary, general provident fund. Moreover, they will get two optional leaves in addition to 14 miscellaneous leaves, 30 days' earned leave, 20 days' half-pay leave, Sunday leave and national festival holidays. Civil Appeal No. of 2019 & Anr. Page 4 of 18 (arising out of SLP (C) No. 43592 of 2018) & Anr. The daily-wage workers and semi-skilled workers 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.”

MA + deduction of MA + deduction increment every CPF of CPF year 2 voluntary/ 2 voluntary/ MA + deduction optional + 14 optional + 14 of GPF casual leaves + casual leaves + holidays on holiday on 2 voluntary/ Sundays + Sundays + optional + 14 National Holidays National casual leaves + allowed with pay. Holidays holiday on allowed with Sundays + pay National Holidays allowed with pay 4 Service of more Current pay scale Pay Scale of Rs. Pay Band of Rs.

Holidays.

5 Service of more Two increment for Pay Scale of Rs. Pay Band of Rs. than twenty years 20 years service 950-1500 + D.A. 5200-20,200 with in the concerned (23%) + Grade Pay of Rs.

Civil Appeal No. of 2019 & Anr. Page 16 of 18 (arising out of SLP (C) No. 43592 of 2018) & Anr.

16. Insofar as exception (v) noted above is concerned, it is not in dispute that regular employees are entitled to 12 days of casual leave in a year i.e. applicable to all Government employees and the respondents could not dispute this. The respondents workers who have been working on daily wage basis cannot be given casual leave which is more than the entitlement extended to regular Government employees. We accept the plea of the appellant that GR dated October 17, 1988 which provides for 14 days casual leave including 2 days of voluntary/optional leave is the result of inadvertent transaction error. Even otherwise, as Civil Appeal No. of 2019 & Anr. Page 17 of 18 (arising out of SLP (C) No. 43592 of 2018) & Anr. pointed out above, the casual leave for daily wagers cannot be more than the regular Government employees. We, therefore, hold that the respondents employees shall be entitled to 12 days of casual leave and 2 days of voluntary leave/restricted leave.

17. With the aforesaid clarifications, the benefits payable to the members of the respondents union shall now be worked out and the same be paid to them. Exercise in this behalf shall be completed within a period of two months from the date of this judgment. The impugned judgment of the High Court is modified and the appeals are allowed to the aforesaid extent.

FEBRUARY 15, 2019.

Civil Appeal No. of 2019 & Anr. Page 18 of 18 (arising out of SLP (C) No. 43592 of 2018) & Anr.