2018 Supreme(Guj) 454
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.R. SHAH, BIREN VAISHNAV, JJ.
MANJULABEN MANCHHUBHAI PATEL & ORS. - APPELLANTS
Versus
STATE OF GUJARAT & ORS. - RESPONDENTS
LETTERS PATENT APPEAL NO. 1262 of 2017 In SPECIAL CIVIL APPLICATION NO. 6568 of 2006 With LETTERS PATENT APPEAL NO. 1253 of 2017 In SPECIAL CIVIL APPLICATION NO. 14660 of 2010 With LETTERS PATENT APPEAL NO. 941 of 2017 In SPECIAL CIVIL APPLICATION NO. 12518 of 2013 With LETTERS PATENT APPEAL NO. 945 of 2017 In SPECIAL CIVIL APPLICATION NO. 9853 of 2006 With LETTERS PATENT APPEAL NO. 947 of 2017 With LETTERS PATENT APPEAL NO. 948 of 2017 In SPECIAL CIVIL APPLICATION NO. 1266 of 2011 With LETTERS PATENT APPEAL NO. 949 of 2017 With LETTERS PATENT APPEAL NO. 1033 of 2017 With LETTERS PATENT APPEAL NO. 1034 of 2017 With LETTERS PATENT APPEAL NO. 1125 of 2017 With LETTERS PATENT APPEAL NO. 1126 of 2017 In SPECIAL CIVIL APPLICATION NO. 14660 of 2010 With LETTERS PATENT APPEAL NO. 1130 of 2017 With LETTERS PATENT APPEAL NO. 1131 of 2017 With LETTERS PATENT APPEAL NO. 1150 of 2017 With LETTERS PATENT APPEAL NO. 1365 of 2017
Decided On : 15-01-2018
For the Appellants : Mr. Shalin Mehta, Ms. Vidhi J. Bhatt
For the Respondents: Ms. Manisha Lavkumar, Mr. Dhawan Jayswal, Mr. Gunvant R. Thakar
Headnote:
Minimum Wages Act, 1948 – Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by Single Judge in Special Civil Application and other allied Special Civil Applications preferred by the original petitioners by which the learned Single Judge has directed the original respondents – State of Gujarat and Gujarat Rural Labour Welfare Board to absorb the original petitioners in the service on permanent basis and they should be treated as employees of the State so as to treat them at par with other State Government servants and by which it is held that the original writ applicants should be paid the salary commensurate with the Kendra Sanchalaks of the Gujarat Labour Welfare Board for the city of Ahmedabad, the State of Gujarat has preferred Letters Patent Appeal – Gujarat Rural Labour Welfare Board under which the original writ applicants are working as Kendra Sanchalaks have also preferred Letters Patent Appeal – Held, Considering the wages provided under the Minimum Wages Act and even the wages to be paid to the daily wagers/part time daily wagers, we are of the opinion that the original writ applicants shall be entitled to fair wages at Rs.6000/- per month which shall be as under – Letters Patent Appeals Dismissed (Paras 10, 11)
M.R. SHAH, J.
1. As common question of law and facts arise in this group of Letters Patent Appeals and as such arise out of the impugned common judgment and order passed by the learned Single Judge in Special Civil Application No. 6568/2006 and other allied Special Civil Applications, all these Letters Patent Appeals are decided and disposed of together by this common judgment and order.
2. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the learned Single Judge in Special Civil Application No. 6568/2006 and other allied Special Civil Applications preferred by the original petitioners by which the learned Single Judge has directed the original respondents – State of Gujarat and Gujarat Rural Labour Welfare Board to absorb the original petitioners in the service on permanent basis and they should be treated as employees of the State so as to treat them at par with other State Government servants and by which it is held that the original writ applicants should be paid the salary commensurate with the Kendra Sanchalaks of the Gujarat Labour Welfare Board for the city of Ahmedabad, the State of Gujarat has preferred Letters Patent Appeal Nos. 1125/2017, 1126/2017, 1130/2017, 1131/2017 and 1150/2017. The Gujarat Rural Labour Welfare Board under which the original writ applicants are working as Kendra Sanchalaks have also preferred Letters Patent Appeal Nos. 941/2017, 945/2017, 947/2017, 948/2017 and 949/2017.
2.1 Feeling aggrieved and dissatisfied with the aforesaid impugned common judgment and order passed by the learned Single Judge insofar as non-granting the regularization of their services and absorption on permanent basis at par with regular government employees with retrospective effect from the respective dates of entry into service, the original writ applicants have also preferred Cross Appeals being Letters Patent Appeal Nos. 1253/2017, 1262/2017, 1033/2017, 1034/2017 and 1365/2017. Thus, the present Letters Patent Appeals preferred by the original writ applicants can be said to be Cross Appeals to the appeals filed by the State of Gujarat as well as Gujarat Rural Labour Welfare Board.
3. The facts leading to the present Letters Patent Appeals in nutshell are as under:
3.1 That all the original writ applicants working as Kendra Sanchalaks and Jilla Sanchalaks respectively with the original respondent No.2 – Gujarat Rural Labour Welfare Board. That all of them were paid the honorarium. At this stage it is required to be noted that the respondent No.2 – Gujarat Rural Labour Welfare Board, Gandhinagar (hereinafter referred to as “Welare Board”) is registered under the Bombay Public Trust Act, 1950 by the Charity Commissioner, Ahmedabad and under the Societies Registration Act, 1860. The object of the respondent Welfare Board is to render social services for the upliftment and welfare of the agricultural labourers and rural workers. The Welfare Board is getting 100% grant-in-aid from the State Government for running its activities through the various projects. The central object behind the constitution of the respondent Welfare Board is to uplift the social, economic and educational status of the farm labourers and rural labourers in the State of Gujarat, who are an unorganized class. The Board organizes and coordinates various activities aimed at the upliftment of the farm labourers and rural labourers. Through the various programmes, the Welfare Board helps in the emancipation of the farm labourers and the rural labourers by creating awareness amongst them and by organizing them. The Welfare Board functions through the Kendra Sanchalaks and the Jilla Sanchalaks allotted to a particular District. Some of the original applicants were rendering their services as Kendra Sanchalaks and others as Jilla Sanchalks. All of them were appointed by calling their names from the Employm