Entitlement of daily-wage workers to benefits under the Government Resolution dated 17.10.1988 based on their years of service.

Abhilasha Kumari, J.

1. Rule. Mr. D.M. Devnani, learned Assistant Government Pleader, waives service of notice of Rule on behalf of the respondents. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

2. By preferring this petition under Article-226 of the Constitution of India, the petitioners have, inter-alia, prayed for the issuance of a writ of Mandamus, directing the respondents herein to grant the benefit of the Government Resolution dated 17.10.1988 to petitioners Nos. 2 and 3.

3. Briefly stated, the facts of the case are the petitioner No. 1 is the PWD Employees Union and petitioners Nos. 2 and 3 are daily-wage workers serving under the respondents, in the Forest and Environment Department of the State Government. It is the case of the petitioners that petitioners Nos. 2 and 3 have served on daily-wage basis, continuously, for a period of more than five years. The details of their service are annexed at Annexure-A (running page-27 of the paper-book). The petitioners assert that similarly situated daily wagers had earlier filed petition seeking the benefits of the Government Resolution date 17.10.1988, and such benefits have been extended to them by several orders of this Court. The matters have even reached the Supreme Court and by the judgment in State of Gujarat and others v. PWD Employees Union, reported in 2013(8) SCALE 579, the Supreme Court has upheld the orders of this Court and directed the State Government to grant the benefits of the Scheme, as contained in the Government Resolution date 17.10.1988, to all the daily wage workers of the Forest and Environment Department and other Departments of the State, who have been working for more than five years. It is the case of the petitioners that they are squarely covered by the above-mentioned judgment of the Supreme Court, therefore, the benefits of the Government Resolution dated 17.10.1988, ought to be extended to them, as well.

4. Ms. Shimolee Jhaveri, learned advocate for Ms. Vidhi J. Bhatt, learned advocate for the petitioners, has submitted that even though the Supreme Court has ruled in favour of similarly situated persons, the State Government has not extended the benefit of the Government Resolution dated 17.10.1988, to the petitioners, so far. It is submitted that the State Government had filed a review petition in the Supreme Court against the judgment in State of Gujarat and others v. PWD Employees Union (supra). However, the said review application has now been dismissed by an order dated 29.01.2014 passed in Review Petition (C) Nos. 2826 and 2827 of 2013 in Civil Appeal Nos. 5321-5322 of 2013.

5. Mr. D.M. Devnani, learned Assistant Government Pleader submits that in view of the judgment of the Supreme Court, the respondents may be directed to examine the cases of the petitioners individually so as to ascertain their entitlement to the benefits flowing from the Government Resolution dated 17.10.1988.

6. This Court has heard learned counsel for the respective parties and considered the material on record. The petitions are squarely covered by the judgment of the Supreme Court in State of Gujarat and others v. PWD Employees Union (supra). The relevant paragraphs of the judgment are quoted here-in-below:

"25. As per scheme contained in Resolution dated 17th October, 1988 all the daily wage workers were not entitled for regularization 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 has service of more than five years and less than 10 years are entitled for fixed monthly salary along with dearness allowance as per