Point in Issue :
Whether the daily wage workers of Forest and Environment Department working other than building and maintenance and repairing work for 5 to 30 yrs are entitled to benefit indicated in Government Resolution dated 17.10.1988.

Headnote:Service and Employment — Daily wage workers — Workers of Forest and Environment Department — Working other than building and maintenance and repairing work for 5 to 30 yrs — Claim of benefits of the scheme contained in State Government Resolution dated 17.10.1988 — Admissibility — Finding of — Court held that State Government has not limited the recommendation to the daily wage workers working in building maintenance and repairing work in it’s resolution dated 17.10.1988 — The said resolution is applicable to all daily wage workers working in different depts. of State including Forest and Environment Department performing any nature of job including the work other than building maintenance and repairing work — In this matter the impugned order passed by Ld. Single Judge and Division Bench arising out of the final order and Judgment dated 29.10.2010 passed in SCA No. 8647/2008 has reached finality in absence of any challenge — Therefore none of the parties can settle that decision and direction — However as per scheme contained in Resolution dated 17.10.1988 all the daily wage workers are not entitled for regularization or permanency in the services — Court indicated the benefits admissible as per Resolution 17.10.1988.
       Held :
       What Court find is that the Committee has not limited the recommendation to the daily wage workers working in building maintenance and repairing work in different departments of the State. The State Government vide its Resolution dated 17th October, 1988 has not limited it to the daily wage workers working in building maintenance and repairing work. What Court find is that the Resolution dated 17th October, 1988 is applicable to all the daily wage workers working in different departments of the State including Forest and Environment Department performing any nature of job including the work other than building maintenance and repairing work. [Para 20]
       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. [Para 21]
       Law Laid Down :
       When appointments are made in contravention of mandatory provisions of the Act and statutory Rules framed therein and in ignorance of essential qualification the same would be illegal and cannot be regularized by the State.

Judgement Key Points

Based on the provided legal document, here are the key points regarding the case State of Gujarat & Ors. vs. PWD Employees Union & Ors.:

Subject Matter: The case concerns the employment law and regularization of daily wage workers in the Forest and Environment Department of Gujarat who have worked for 5 to 30 years in roles other than building maintenance and repairing.
Core Legal Issue: Whether daily wage workers in the Forest Department performing work other than building maintenance are entitled to the benefits outlined in the State Government Resolution dated 17.10.1988.
Holding on Resolution Scope: The Supreme Court held that the State Government Resolution dated 17th October, 1988 is not limited to daily wage workers engaged in building maintenance and repairing work. It applies to all daily wage workers and semi-skilled workers in all State departments, including the Forest Department, performing any nature of job.
Rejection of Departmental Restriction: The Court found that the Committee constituted to study wages did not limit its recommendations to specific types of work; the Resolution covers all departments (Road and Building, Forest, Water Resources, etc.) and all job natures.
Validity of Previous Orders: The impugned order passed by the High Court (Single Judge and Division Bench) dated 29th October, 2010 and affirmed on 28th February, 2012 reached finality as no challenge was preferred by the State. Therefore, the State cannot rely on the Full Bench judgment in Gujarat Forest Producers or the Resolution dated 22nd December, 1999 to negate the High Court's direction.
Applicability of Uma Devi Precedent: The Court distinguished the present case from Secretary, State of Karnataka vs. UmaDevi, noting that the entry of the daily wage workers in this case was not illegal or irregular (as admitted by the State in a 2008 order) and the work is of a perennial nature.
Benefits Entitlement: The Court directed the State to grant benefits under the 17.10.1988 Resolution to eligible daily wage workers based on their years of service:
- Less than 5 years: Daily wages as per prevailing rules, eligibility for paid Sunday, medical allowance, and holidays if working >240 days in the first year.
- 5 to 10 years: Fixed monthly salary of Rs. 750/- (plus DA), two optional leaves, medical allowance, and provident fund deduction.
- 10 to 15 years: Minimum pay scale at par with skilled workers, plus DA, leaves, medical allowance, and provident fund.
- More than 15 years: Permanent worker status with current skilled worker pay scale, DA, local city allowance, house rent allowance, gratuity, retired salary, and pension benefits.
Implementation Directive: The State is directed to grant these benefits to daily wage workers with more than five years of service (w.e.f. 29th October, 2010) within four months of receiving the order.

JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA, J.

Leave granted. These appeals have been preferred by the State of Gujarat and others gainst a common judgment dated 28th February, 2012 passed by the Division Bench of the High Court of Gujarat at Ahmedabad whereby Letters Patent Appeal No. 1754 of 2011 in Misc. Civil Application No.17/2011 preferred by the State of Gujarat and its officials has been dismissed and the order dated 25th August, 2011 passed by the learned Single Judge has been affirmed giving direction to the appellant-State and its officials to regularize the services of respondents-workmen.

2. The factual matrix of the case is as follows:

The Gujarat State Employees Union, Gujarat State Public Works 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

1 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 to provide following wages and services to daily wagers and semi skilled workers working in different departments of the State.

1. It is decided to pay daily wages as per the prevailing Daily Wages Rules to daily wagers and semi skilled workers who has less than five years service as on 1.10.1988. If there is presence of more than 240 days in first year, he is eligible for paid Sunday, medical allowance and national festival holidays.

2) As per provisions of Section 25B of the Industrial disputes act, daily wagers and semi skilled workers who has service of more than five years but less than 10 years as on 1.10.1988, will get Rs.750/- as fixed monthly salary alongwith dearness allowance as per prevailing standard, for his working days. Moreover, he/she 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.

3) As per provisions of Section 25B of the Industrial disputes act, daily wagers and semi skilled workers who has service of more than ten years but less than 15 years as on 1.10.1988, will get minimum pay scale at par with skilled work along with dearness allowance as per prevailing standard, for his working days. Moreover, he/she 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.

(4) As per provisions of Section 25B of the Industrial Disputes Act, daily wagers and semi skilled workers who has service of more than fifteen years as on 1.10.1988 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 & national festival holi

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2013 Supreme(SC) 615

IN THE SUPREME COURT OF INDIAT.S. THAKUR, SUDHANSU JYOTI MUKHOPADHAYA, JJ.STATE OF GUJARAT & ORS. - APPELLANTSVERUSPWD EMPLOYEES UNION & ORS. ETC. - RESPONDENTSCIVIL APPEAL NOs. 5321-5322 OF 2013(ARISING OUT OF SLP(C) 13619-13620 OF 2012)Decided on : JULY 9, 2013.

Point in Issue :Whether the daily wage workers of Forest and Environment Department working other than building and maintenance and repairing work for 5 to 30 yrs are entitled to benefit indicated in Government Resolution dated 17.10.1988.

IN THE SUPREME COURT OF INDIA
T.S. THAKUR, SUDHANSU JYOTI MUKHOPADHAYA, JJ.
STATE OF GUJARAT & ORS. - APPELLANTS
VERUS
PWD EMPLOYEES UNION & ORS. ETC. - RESPONDENTS
CIVIL APPEAL NOs. 5321-5322 OF 2013
(ARISING OUT OF SLP(C) 13619-13620 OF 2012)
Decided on : JULY 9, 2013.

Point in Issue :
Whether the daily wage workers of Forest and Environment Department working other than building and maintenance and repairing work for 5 to 30 yrs are entitled to benefit indicated in Government Resolution dated 17.10.1988.