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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIKRAM NATH, ASHUTOSH J. SHASTRI, JJ.
Arjanbhai Virabhai Bambhania - Applicant
Versus
State of Gujarat - Respondent
R/Civil Application No. 3910 of 2019 In F/Letters Patent Appeal No. 35122 of 2019 With R/Civil Application No. 4161 of 2019 With R/Civil Application No. 22 of 2020 With R/Civil Application No. 818 of 2020 With R/Civil Application No. 819 of 2020 With R/Civil Application No. 867 of 2020 With R/Civil Application No. 876 of 2020 With R/Civil Application No. 1209 of 2020 With R/Civil Application No. 1903 of 2020 With R/Civil Application No. 1904 of 2020 With R/Civil Application No. 1935 of 2020 With F/Civil Application No. 6243 of 2020 With F/Letters Patent Appeal No. 6241 of 2020 In Special Civil Application No. 11781 of 2017 With R/Civil Application No. 545 of 2021 With R/Letters Patent Appeal No. 587 of 2018 In Special Civil Application No. 18160 of 2016 With Civil Application (For Interim Relief) No. 2 of 2018 With R/Letters Patent Appeal No. 326 of 2018 In Special Civil Application No. 18120 of 2016 With Civil Application (For Interim Relief) No. 1 of 2018 With R/Letters Patent Appeal No. 325 of 2018 In Special Civil Application No. 7038 of 2017 With Civil Application (For Interim Relief) No. 1 of 2018 With R/Letters Patent Appeal No. 413 of 2018 In Special Civil Application No. 16882 of 2016 With Civil Application (For Interim Relief) No. 2 of 2018 In R/Letters Patent Appeal No. 413 of 2018 With R/Letters Patent Appeal No. 588 of 2018 In Special Civil Application No. 19762 of 2016 With Civil Application (For Interim Relief) No. 2 of 2018 With R/Letters Patent Appeal No. 294 of 2020 In Special Civil Application No. 15643 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With Civil Application (For Orders) No. 2 of 2020 With R/Letters Patent Appeal No. 1211 of 2019 In Special Civil Application No. 2582 of 2016 With R/Letters Patent Appeal No. 1209 of 2019 In Special Civil Application No. 2581 of 2016 With R/Letters Patent Appeal No. 1358 of 2019 In Special Civil Application No. 17221 of 2016 With Civil Application (For Stay) No. 1 of 2019 With R/Letters Patent Appeal No. 354 of 2020 In Special Civil Application No. 4031 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 355 of 2020 In Special Civil Application No. 4034 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 356 of 2020 In Special Civil Application No. 4035 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 357 of 2020 In Special Civil Application No. 4037 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 351 of 2020 In Special Civil Application No. 4033 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 358 of 2020 In Special Civil Application No. 4038 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 350 of 2020 In Special Civil Application No. 4032 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 359 of 2020 In Special Civil Application No. 4007 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 353 of 2020 In Special Civil Application No. 4005 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 352 of 2020 In Special Civil Application No. 4009 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 360 of 2020 In Special Civil Application No. 3998 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 377 of 2020 In Special Civil Application No. 3994 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 376 of 2020 In Special Civil Application No. 4040 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 364 of 2020 In Special Civil Application No. 4042 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 367 of 2020 In Special Civil Application No. 4001 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 366 of 2020 In Special Civil Application No. 4053 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 362 of 2020 In Special Civil Application No. 4045 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 363 of 2020 In Special Civil Application No. 4048 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 361 of 2020 In Special Civil Application No. 4058 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 365 of 2020 In Special Civil Application No. 4046 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 368 of 2020 In Special Civil Application No. 4065 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 369 of 2020 In Special Civil Application No. 4070 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 372 of 2020 In Special Civil Application No. 4041 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 375 of 2020 In Special Civil Application No. 4043 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 374 of 2020 In Special Civil Application No. 4063 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 371 of 2020 In Special Civil Application No. 4039 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 373 of 2020 In Special Civil Application No. 4067 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 370 of 2020 In Special Civil Application No. 4059 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With R/Letters Patent Appeal No. 1238 of 2019 In Special Civil Application No. 5987 of 2018 With Civil Application (For Stay) No. 1 of 2019 With R/Letters Patent Appeal No. 1356 of 2018 In Special Civil Application No. 7892 of 2012 With Civil Application (For Stay) No. 2 of 2018 With R/Letters Patent Appeal No. 289 of 2019 In Special Civil Application No. 1824 of 2005 With Civil Application (For Interim Relief) No. 1 of 2019 With R/Letters Patent Appeal No. 1602 of 2019 In Special Civil Application No. 11855 of 2018 With Civil Application (For Stay) No. 1 of 2019 With Civil Application (For Bringing Heirs) No. 1 of 2021 With R/Letters Patent Appeal No. 1731 of 2019 In Special Civil Application No. 18120 of 2016 With R/Letters Patent Appeal No. 1733 of 2019 In Special Civil Application No. 7038 of 2017 With R/Letters Patent Appeal No. 1734 of 2019 In Special Civil Application No. 16882 of 2016 With R/Letters Patent Appeal No. 1735 of 2019 In Special Civil Application No. 19762 of 2016 With R/Letters Patent Appeal No. 1736 of 2019 In Special Civil Application No. 18160 of 2016 With R/Letters Patent Appeal No. 1737 of 2019 In Special Civil Application No. 7038 of 2017 With R/Letters Patent Appeal No. 1764 of 2019 In Special Civil Application No. 11779 of 2016 With R/Letters Patent Appeal No. 1765 of 2019 In Special Civil Application No. 16143 of 2016 With R/Letters Patent Appeal No. 1766 of 2019 In Special Civil Application No. 15686 of 2016 With F/Letters Patent Appeal No. 4056 of 2020 In Special Civil Application No. 12841 of 2019 With Civil Application (For Interim Relief) No. 1 of 2020 With F/Letters Patent Appeal No. 18580 of 2020 In Special Civil Application No. 19018 of 2019 With Civil Application (For Stay) No. 1 of 2020 With F/Letters Patent Appeal No. 18595 of 2020 In Special Civil Application No. 19002 of 2019 With Civil Application (For Stay) No. 1 of 2020 With F/Letters Patent Appeal No. 35122 of 2019 In Special Civil Application No. 11299 of 2016 With F/Letters Patent Appeal No. 18672 of 2020 In Special Civil Application No. 7038 of 2017 With F/Letters Patent Appeal No. 36046 of 2019 In Special Civil Application No. 11735 of 2019 With Civil Application (For Stay) No. 1 of 2019 With F/Letters Patent Appeal No. 38202 of 2019 In Special Civil Application No. 7038 of 2017 With F/Letters Patent Appeal No. 5920 of 2020 In Special Civil Application No. 8520 of 2017 With F/Letters Patent Appeal No. 41066 of 2019 In Special Civil Application No. 23127 of 2017 With F/Letters Patent Appeal No. 41068 of 2019 In Special Civil Application No. 22459 of 2017 With F/Letters Patent Appeal No. 41069 of 2019 In Special Civil Application No. 8421 of 2017
Decided On : 27-08-2021
Constitution of India, 1950 - Article 309, 14 and 16 - Industrial Disputes Act, 1947 - Section 25B – Equality before law – Equality of opportunity in matters of public employment - Appeals relate to interpretation, implementation and benefits flowing from Government Resolution, which was initially made applicable to Roads and Building Department of State Government, as such, have been heard – Whether High Court or Supreme Court has dealt with this aspect of matter as to what status was being conferred to daily-wage labourers under aforesaid Government Resolutions
Findings of the Court: Group of appeals filed by Sewerage Board and State against judgment of Single Judge extending five benefits also deserve to be dismissed and are accordingly dismissed - Fourth group of appeals is by employees who have not been extended five benefits by Single Judge despite same having been claimed as relief in petitions, however, leave encashment benefit has been extended - For reasons recorded above, five benefits to these appellants not being extended cannot be sustained and as such, appellants of these appeals would also be entitled to same benefits as other similarly situated set of employees regarding five benefits - Accordingly, all aforesaid appeals are allowed to above extent
Result: Appeal disposed of
JUDGMENT :
Vikram Nath, J.
1. These groups of appeals relate to the interpretation, implementation and the benefits flowing from the Government Resolution dated 17.10.1988, which was initially made applicable to the Roads and Building Department of the State Government, as such, have been heard analogously and are being disposed of by this common judgment.
2. Later on, the Gujarat Water and Sewerage Board also adopted the said Government Resolution. There are four categories of appeals. First group relates to grant of leave encashment of 300 days to those employees covered by the Government Resolution dated 17.10.1988. Second group is by the employees, claiming benefits of the 6th Pay Commission with effect from 01.01.2006 instead of 14.11.2014 as has been extended by the learned Single Judge. Third group of appeals has been filed by the Gujarat Water and Sewerage Board, challenging the judgment of the learned Single Judge extending five benefits to the employees covered by the aforesaid Government Resolution. The fourth group is by the employees who have not been extended five benefits by the learned Single Judge. We will deal with each of the aforesaid classified groups separately one by one.
I. Group of matters relating to Leave Encashment (Letters Patent Appeal Nos.294 of 2020, 350 of 2020 to 377 of 2020, 1602 of 2019, 1209 of 2019, 1211 of 2019, 1358 of 2019 and Letters Patent Appeal (Filing) Nos.4056 of 2020, 18580 of 2020 and 18595 of 2020):
3. We first deal with this issue as it has already been adjudicated upon upto the Supreme Court. The above appeals are filed either by the State of Gujarat or its Departments or the Sewerage Board assailing the judgment and order of the learned Single Judge whereby the benefit of Leave Encashment of 300 days was extended to the employees – petitioners.
4. The above issue apart from being raised in earlier rounds was also the subject-matter of consideration before a Division Bench of this Court in Letters Patent Appeal No.1614 of 2019 arising out of Special Civil Application No.8498 of 2019 and was disposed of by order dated 13.09.2019. The only ground raised before the Division Bench was that the learned Single Judge while extending the benefit of leave encashment of 300 days had issued a mandamus to extend the said benefit without giving liberty to the department to verify as to whether sufficient length of service had been rendered by the employees – petitioners so as to accumulate 300 days of earned leave in their account. To that limited extent, the judgment and order of the learned Single Judge was modified that the State would verify about the admissibility of 300 days for conversion into leave encashment considering the total length of service of the writ petitioners. The relevant portion of the said order dated 13.09.2019 is reproduced below :
6. Thus without disturbing the entitlement allowed by the learned Single Judge, we dispose of this appeal with the limited modification that before making the payment, the appellants would verify about the admissibility of 300 days for conversion into leave encashment as per the direction given by the learned Single Judge considering the total length of the service of the writ petitioners (respondents 1 and 2).
7. In case, the respondents 1 and 2 feel aggrieved by this order, they would be free to apply for recall of this order.
8. With the above modification, the appeal is disposed of. Consequently, connected civil application for stay is disposed of.”
5. This judgment and order dated 13.09.2019 passed in Letters Patent Appeal No.1614 of 2019
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