IMPORTANT POINT
Daily wagers cannot be given pay scales which are even better than pay scales given to regularly appointed employees.

JUDGMENT

A.K.Sikri. J.

Leave granted.

2. In these appeals filed by the State of Gujarat, challenge is laid to the common judgment dated June 14, 2018 passed by the High Court of Gujarat in contempt proceedings which were initiated by the respondents herein. To mention here, in nutshell, the appellant Government had passed Resolution dated October 17, 1988 whereby certain benefits were given to its daily wageworkers, who have been working for number of years. The respondent Union, which represent those workers, had approached the High Court for direction to extend those benefits contained in Government Resolution (GR) dated October 17, 1988. Since this GR dated October 17, 1988 was not extended to the Forest Department of the appellant, to which Department the respondents belong, the respondents had filed writ petition in the High Court seeking extension of GR dated October 17, 1988 in respect of Forest Department as well. This writ petition was allowed by the single Judge of the High Court vide order dated March 21, 1997. Letter Patents Appeal (LPA) was preferred against the said judgment which was dismissed by the Division Bench of the High Court on April 29, 2003. Special Leave Petition (SLP) there against was also dismissed by this Court on November 29, 2004.

3. Thereafter, appellant passed another GR dated March 24, 2006 in respect of Road and Building Department for determining pensionable service in cases of daily wagers having attained permanency on account of application of GR dated October 17, 1988. However, this representation was dismissed by the appellant on May 3, 2008. Respondents again approached the High Court against the dismissal of the said representation which was decided by the High Court on October 29, 2010. By means of said order, High Court directed the Forest and Environment Department of the appellant to consider the case of the daily wagers of the respondent union for regularisation/conferring permanent status, afresh and also to consider framing of a scheme for giving quasi permanent status to such workers at par with the scheme for daily wagers in other Departments. This was followed by another order dated August 25, 2011 passed in Miscellaneous Civil Application whereby High Court directed the appellant to frame a scheme for giving quasi permanent status to daily wagers in compliance with its earlier judgment dated October 29, 2010. LPA against this judgment was dismissed by the High Court on February 28, 2012. The appellant challenged the order in LPA by preferring SLP in this Court. Leave was granted and ultimately appeal was heard and decided on July 9, 2013 which is reported as State of Gujarat & Ors. v. PWD Employees Union & Ors, (2013) 12 SCC 417. In this judgment, this Court inter alia gave the following directions:

"28. Thus, the principal question that falls to be considered in these appeals is: whether in the facts and circumstances it will be desirable for the Court to direct the appellants to straightaway regularise the services of all the daily-wage workers working for more than five years or the daily-wage workers working for more than five years are entitled for some other relief?

29. As per the scheme contained in the Resolution dated 17-10-1988 all the daily-wage workers were not entitled for regularisation or permanency in the services. As per the said Resolution the daily wagers are entitled to the following benefits:

"(i) They are entitled to daily wages as per the prevailing daily wages. If there is presence of more than 240 days in first year, daily wagers are eligible for paid Sunday, medical allowance and national festival holidays.

(ii) Daily wagers and semi-skilled workers who have 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 g