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2013 Supreme(SC) 615

T.S.THAKUR, SUDHANSU JYOTI MUKHOPADHAYA
STATE OF GUJARAT – Appellant
Versus
PWD EMPLOYEES UNION – Respondent


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 work












































































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