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2014 (12) TMI 1427

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..... ly wage members of the Forest and Environment Department working for more than five years, providing them the benefits. The Review Petitions filed by the State Government against this judgment have now been dismissed by the Supreme Court STATE OF GUJARAT ORS. VERSUS PWD EMPLOYEES UNION ORS. [ 2014 (1) TMI 1948 - SC ORDER] . In the view of this, there remains no impediment at all on the part of the State Government in extending the benefits of the Government Resolution dated 17.10.1988 to the 33 members of the petitioner subject to their fulfilling the requisite conditions. The respondents shall examine the cases of the 33 members of the petitioner individually and, if found eligible, shall extend the benefits of the Government Resolution da .....

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..... 17.10.1988. In the case of State of Gujarat and others V/s. PWD Employees Union reported in 2013(8) SCALE 579, the Supreme Court has directed that the benefits of Government Resolution dated 17.10.1988 be conferred upon the daily wagers working in the Forest and Environment Department, who have been working as such for more than five years. It is the case of 33 members of the petitioner that they are squarely covered by the abovementioned judgment of the Supreme Court, therefore, the prayers made in the petition be granted. 5. Learned advocate Mr. Y.N. Pandya for the petitioner submitted that even though the Supreme Court has now ruled in favour of similarly situated persons, the State Government has not extended the benefits of the Governm .....

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..... mbers 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 members 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, .....

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..... . The appellants are directed accordingly. The judgment and order passed by the learned Single Judge dated 29th October, 2010 as affirmed by the Division Bench by its order dated 28th February, 2012 stands modified to the extent above. The benefit should be granted to the eligible daily wage members 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 benefit w.e.f. 29th October, 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 direction .....

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