JUDGMENT :

K.S. Jhaveri, J.

Heard Mr. Kamal Trivedi, learned Senior Advocate assisted by Mr. Mehul Rathod, Mr. D.G. Chauhan and Mr. Kishore Prajapati, learned advocates for Gujarat Water Supply & Sewerage Board and Mr. P.H. Pathak, learned advocate assisted by Ms. Reena Kamani, Mr. Jitendra Patel, learned advocate assisted by Mr. Mukesh Rathod, learned advocates appearing for the employees.

2. Letters Patent Appeal No. 436 of 2006 has been preferred under Clause 15 of the Letters Patent challenging the judgment and order dated 03.12.2004 passed by the learned Single Judge in Special Civil Application No. 948 of 1993 whereby the learned Single Judge directed the original respondents - Board to pay the arrears of wages for the period from the date such workmen completed three years’ service as daily wage employees till they are paid wages in the minimum time-scale within three months from the date of receipt of the writ.

2.1. The original petitioners of Special Civil Application No. 948 of 1993 were daily rated employees of the respondent No. 2-Gujarat Water Supply & Sewerage Board and had claimed regularization of service from the date they joined service of the Board as skilled/unskilled labourers. The original petitioners also challenged the Government Resolution dated 17th October, 1988 whereby such daily rated employees were given the benefit of wages at the rate of minimum in the pay scale from the date they completed five years' service on daily wages. It was the claim of the original petitioners before the learned Single Judge that such benefit should have been granted from the date of joining the service.

2.2. Similarly, Letters Patent Appeal No. 4 of 2010 is directed against the judgment and order dated 11.09.2002 passed by the learned Single Judge of this Court in Special Civil Application No. 1644 of 1997 whereby the learned Single Judge directed the appellants to pay minimum pay scale to the original petitioners who have put in more than three years service as daily-rated workmen in respect of the posts on which they were working. It was further directed that the arrears which were due to the original petitioners - workmen as per the Government Resolution shall be paid before 31.03.2003 and that any further arrears that may be payable to such concerned workmen by virtue of the said judgment shall be paid to the concerned workmen before 31.03.2003.

2.3. The grievance in Special Civil Application No. 1644 of 1997 before the learned Single Judge was the non-extension of the benefits of the Government Resolution dated 17th October 1988 to the petitioners therein, as it has been extended to other departments or divisions of the State Government. The original petitioners therein also contended that even if and even after the benefits of the said G.R. are made applicable to them, the same should be on completion of 3 years service as daily-wagers or daily-rated workman in the employment of the respondent Corporation.

2.4. Special Civil Applications Nos. 947 of 1993, 6394 of 1994 have been filed with a prayer for declaring the Government Resolution dated 17.10.1988 as ultra vires to the extent it deprived the daily wage employees of the minimum of the pay scale till they complete five years of service. It is the case of the original petitioners - workmen therein that the Government Resolution dated 17.10.1988 is ultra vires to the provisions of Articles 14 and 16 of the Constitution of India and therefore the same is required to be quashed and thereby the workmen be granted minimum of the pay scale payable to the respective regular employees from the initial date of appointment.

2.5. Special Civil Applications No. 3064 of 2004, 7810 of 1993, 3502 of 1992, 7120 of 1991 and 7121 of 1991 have been filed against the action of the concerned Board/Corporation in denying the minimum of pay scale payable to the respective cadres of employees to the petitioners therein till they complete 7/5 years service and to hold that the daily wage emp