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TMI Blog2013 (7) TMI 1228X X X X Extracts X X X X X X X X Extracts X X X X ..... Department Employees Union, Labour Union and other Unions made a representation to the State Government for regularization of daily wage workers, working since long. On their demand, the State Government constituted a Committee vide Resolution dated 24th March, 1988 under the Chairmanship of Minister of Road and Building Department to make proper recommendations after studying the demands, issues and questions of the Labour Unions. After thoroughly studying the wages of daily wage workers, work related services & facilities provided to the daily wage workers who were engaged in the building maintenance and repairing work in different departments of the State such as Road and Building Department, Water Resources Department, Forest Department, Agriculture Department etc. The Committee made recommendations favouring the regularization. The State Government on considering the recommendations submitted by the Committee decided to accept all the said recommendations and resolved as follows: RESOLUTION The Government has taken into consideration the recommendations submitted by committee and so, it is decided to accept all recommendations of the Committee. Accordingly, it is resolved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will get one increment, two increment for 20 years service and three increments for 25 years in the current pay scale of skilled worker and their salary will be fixed accordingly on 1.10.1998. The aforesaid Resolution was issued and published with the consent of the Finance Department dated 14th October, 1988 and General Administrative Department dated 17th October, 1988. 3. In spite of the Resolution of the State Government dated 17th October, 1988 the benefit was not provided to the daily wage workers of the Forest Department of the State. Aggrieved by the same, some of the daily wage workers of Forest Department filed a Special Civil Application No. 3500 of 1992 before the High Court of Gujarat. The learned Single Judge by the judgment dated 21st March, 1997 relying on a common judgment dated 4th March, 1996, passed by the same Court in a group of similar cases, held that Resolution dated 17th October, 1988 is applicable to the employees of the Forest Department as well. 4. Against the aforesaid decision an LPA No. 1642 of 1999 was filed by the State Government which was dismissed by the Division Bench of the Gujarat High Court by its order dated 29th April, 2003. On being a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egarding wages, services & other facilities to be applied to the daily-wagers, labourers and workers of Forest Department under the control of Forest & Environment Department, cannot be applied in view of work of daily-wagers of the Forest Department and in view of nature of work and financial arrangement and their temporary/seasonal & limited work, because on applying the said resolution, after completion of work, such daily-wagers cannot be employed continuously for long time where there is no work. But they are supposed to be removed. In view of the said circumstances, on the basis of report of Hon'ble Shri Daulatbhai Parmar Committee, there is no intention of applying Resolution dated 17/10/1998 of the Roads & Building Department to the daily-wagers of the Forest Department of the State Government. 2. In the Notification issued from time to time regarding minimum wages also, minimum wages for the daily-wagers of the Forest Department is indicated separately and in view of the burden of their work, in comparison with daily-wagers of construction wages is indicated at less rate, which falls under heading of reasonable classification, therefore, the Resolution dated 17/10/19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the Chief Conservator of Forests. After more than a year, the Deputy Conservator of Forests, Rajpipla West Division passed order dated 17th November, 2007 rejecting the representation dated 30th October, 2006 with respect to 12 daily wagers of the Rajpipla West Division. 8. Being aggrieved, the PWD Employees (1st Respondent herein) filed a Miscellaneous Civil Application No. 119 of 2008 in SCA No. 6913 of 2006 challenging the rejection order dated 17th November, 2007. By an order dated 31st January, 2008, the High Court of Gujarat directed the Secretary, Forest and Environment Department to decide the representation filed by the PWD Employees Union. 9. The Secretary, Forest and Environment Department rejected the application by his order dated 3rd May, 2008 which was a verbatim reproduction of the order dated 17th November, 2007 passed by the Deputy Conservator of Forests, West Division. 10. It is pertinent to mention that by order dated 3rd May, 2008 the Secretary, Forest and Environment Department, inter alia, admits that "the initial entry in the sense of engagement on daily wages does not suffer from any illegality or irregularity and was in consonance with the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rections are issued which will meet with the ends of justice: 1. The impugned order dated 3.05.2008 passed by the Secretary, Forest & Environment Department, State of Gujarat is quashed and set aside. 2. The Secretary, Forest & Environment Department, State of Gujarat, is directed to consider the case of the Petitioners for regularization/conferring permanent status, afresh in light of the facts of each individual case keeping in mind the observations made hereinabove and also to consider the scope of framing a scheme for giving quasi permanent status to the Petitioners-daily wagers at par with the scheme for daily wagers in other Government Departments like Roads & Buildings Department, Narmada Water Resources, Water Supply and Kalpasar Department, etc., contained in Government Resolution dated 17.10.1988. In case, the authority is of the view that the benefits as prayed for cannot be granted then a reasoned order be passed supported by detailed reasons. 3 The aforesaid exercise be undertaken within a period of two months from today. 4. Liberty to revive the petitions in case of difficulty by filing required application's. Against the judgment dated 29th October, 2010 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Division Bench by the impugned common judgment dated 28th February, 2012. Hence, the present SLPs are preferred by the State. 16. Learned Counsel for the Appellant-State contended as follows: (i) The High Court under Article 226 of the Constitution cannot direct absorption, regularization or permanency of the daily wage workers unless the recruitment itself was made in a regular manner in terms of the constitutional scheme. (ii) A large scale regularization of daily wage workers will increase the financial burden on the State. (iii) The Respondents or its member cannot base their claim under Article 14 and 16 of the Constitution to seek permanence or quasi permanence in service. (iv) Direction given by the High Court is against the principle laid down by this Court in Secretary, State of Karnataka and Ors. v. Uma Devi and Ors. (2006) 4 SCC 1 and A. Umarani v. Registrar Co-operative Societies and Ors. (2004) 7 SCC 112. (v) Resolution dated 17th October, 1988 applies only to the daily wage workers who were engaged in building maintenance and repairing work as held by Full Bench of Gujarat High Court in Gujarat Forest Producers, Gatherers and Forest Workers Union v. State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ironment Department of the State will be entitled for similar benefits of the scheme contained in the Resolution dated 17th October, 1988. 19. From a bare reading of the Resolution dated 17th October, 1988, the following facts emerge: (a) Labour and other Unions made representation to the Government making demands and issues relating to daily wage workers of different departments of the Government. (b) The State Government constituted a committee under the Chairmanship, Minister of Road and Building Department. (c) The Committee was constituted for studying (i) the wages of daily wage workers; and (ii) work related services and facilities provided to the daily wage workers who are engaged in the building maintenance and repairing work in different departments of the State. (d) The recommendations of the Committee were accepted and accordingly the State Government resolved to provide the benefits of the scheme contained in the Resolution 17th October, 1988. 20. The daily wage workers who were engaged in building maintenance and repairing work in different departments were already entitled for their work related facilities. Therefore, what we find is that the Committee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... solution. 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. 22. The impugned order passed by the learned Single Judge and the Division Bench arise out of the final order and judgment dated 29th October, 2010 passed in SCA No. 8647/2008 and connected matters. The said order has reached finality in absence of any challenge before the higher Court and hence became binding between the parties i.e. The Appellant-State of Gujarat and the Respondents-Employees Union. Therefore, none of the parties including Appellants-State of Gujarat can rely on Full Bench decision in Gujarat Forest Producers, Gatherers and Forest Workers Union(supra) to scuttle the decision and direction given by the Gujarat High Court in SCA No. 8647/2008 and connected matters. 23. The decisions in Uma Devi (supra) and A. Umarani (supra) were regarding the question concerning regularization of employees entered by back door method or those who were illegally appointed encouraging a political set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 festi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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