(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)

1. Letters Patent Appeal No.958 of 2001 is preferred by the State from common oral judgment dated 2.5.2000 of learned Single Judge of this Court in Special

Civil Application No.5699 of 1987, 517 of 1988 and 6783 of 1988. In all the original petitions of the respondents herein, main prayer was in respect of treating all the original petitioners as regular employees from their initial date of appointment and for grant of consequential benefits available to regular government servants. Original petitioners had relied upon Government Resolution dated 17.10.1988.

1.1 There is no controversy about the fact that all the petitioners, who entered service as daily rated employees, have by now been regularized in their service under the aforesaid Government resolution dated 17.10.1988 and most of the benefits under the Government resolution, available to regular government servants, were extended to the original petitioners. The petitions were, however, resisted on the ground that original petitioners were daily rated employees and the benefits accorded to the permanent employees of the government could not be extended to them. Learned Single Judge, after adverting to the background of resolution dated 1.10.1988 and 17.10.1988, has opined that the workman concerned enlisted in Annexure-A to each petition were regular permanent employees of the respondent and were entitled to all the benefits as permanent employees of the appellants herein. Therefore, allowing the petitions, it is directed that all the workmen concerned be treated as permanent employees at par with other regular employees and that they shall be granted all the benefits as such.

2. Learned AGP reiterated the argument that even as workmen concerned were entitled to, and were in fact granted most of the benefits at par with regular employees of the State, in terms of Government Resolution dated 17.10.1988, some of the benefits such as encashment of leave, leave travel assistance, travelling allowance, uniform allowance etc. were denied to them on the basis that they were not full-fledged duly recruited government servants. Learned AGP relied upon subsequent government resolution dated 18.7.1994, whereby it was sought to be clarified that the word 'permanent' in G.R. dated 17.10.1988 was meant to convey job security but it was not meant to be understood to make daily rated employees regular employees on the set up and establishment of respective departments. It was fairly conceded that entitlement of the employees concerned was wholly dependent upon reading and interpretation of G.R. dated 17.10.1988.

3. According to G.R. dated 17.10.1988, a committee under the Chairmanship of Honourable Minister, Shri Daulatbhai Parmar, was constituted to consider conditions of service of daily rated labourers and artisans employed in several departments of the State Government. That committee had submitted its report and it was resolved to accept recommendations of the committee and provide several benefits to the workmen concerned with effect from 1.10.1988. Those benefits included payment of minimum wages, paid weekly holidays, medical facility and national holidays. After completion of five years of continuous service in terms of provisions of Section 25-B of the Industrial Disputes Act, 1947 such daily rated employees were to be entitled to fixed monthly salary of Rs.750/- with dearness allowance prevalent from time to time and few more benefits of paid holidays and leave wages as well as membership of provident fund. It is stipulated in Clause-3 of the G.R. dated 17.10.1988 that daily rated employees, who had completed, as on 1.10.1988, continuous service of ten years in terms of the provisions of Section 25-B of the Industrial Disputes Act, 1947, would be treated as permanent and such permanent employees shall be entitled to the pay scale of Rs.750-940/-and shall also be paid dearness allowance and house rent allowance accordingly. Th