JUDGMENT :

N.V. ANJARIA, J.

1. Heard learned Government Pleader Ms. Manisha Lavkumar assisted by learned Assistant Government Pleader Mr. Manan Mehta for State of Gujarat, learned senior advocate Mr. Shalin Mehta assisted by learned advocate Ms. Aditi Raol for original petitioners and learned senior advocate Mr. Gautam Joshi with learned advocate Mr. D.M. Devnani for Gujarat Forest Development Corporation, at length, in both the appeals and connected civil applications, for the respective parties they appeared in the Letters Patent Appeals concerned.

2. In both the Appeals, it is common judgment and order dated 12th April, 2019 of learned Single Judge in Special Civil Application No. 12518 of 2008 and Special Civil Application No. 17055 of 2015 are brought under challenge. Letters Patent Appeal No. 613 of 2021 is relatable to aforesaid common judgment and order insofar as it concerns the decision in Special Civil Application No. 17055 of 2015. The other corresponds to the another.

2.1. As per the impugned judgment and order, learned Single Judge disposed of the petitions passing certain observations and issuing directions.

2.2. In Special Civil Application No. 17055 of 2015 filed by PWD & Forest Employees' Union and others, the first principal prayer was for setting aside order dated 03rd July, 2015 passed by respondent No. 2-Gujarat State Forest Development Corporation Limited (respondent No. 92 in this Appeal) whereas the request of the petitioners for extending the benefits contained in State Government Resolution dated 17th October, 1988 was refused. It was next prayed to grant permanent status to the petitioner at par with the scheme of daily wagers in the other government departments as per the aforementioned Resolution. Another prayer was made seeking direction against respondent authorities to adopt and extend the benefits of the said Resolution in favour of the petitioners.

2.3. In the last principal prayer, it was prayed to command the respondent authorities to consider framing of a scheme for giving permanent status to the petitioners on the same pedestal with the daily wagers in other government departments as contained in the aforesaid Resolution dated 17th October, 1988.

2.4. In Special Civil Application No. 12518 of 2008 filed by 33 employees, what was prayed to set aside was the similar decision dated 30th March, 2007 was prayed to set aside seeking further direction to give to the petitioners minimum pay-scale and grant the benefits flowing from Resolution dated 17th October, 1988. Also prayed was to set aside Government Resolution dated 15th September, 2014 on the ground that it has the effect of changing the service conditions of the petitioners unilaterally. The said Resolution dated 15th September, 2014 of the State Government was in line of Resolution dated 17th October, 1988.

3. Adopting the facts, in order to gather the controversy from first mentioned Letters Patent Appeal relatable to Special Civil Application No. 17055 of 2015, the petitioners have been working on daily wage basis under the respondent No. 2-Gujarat State Forest Development Corporation (GSFDC). According to their case, they put in more than 30 years of service, but kept on daily wage basis only and are denied the benefits such as leave, paid holidays etc. which are available to the regular employees. According to the petitioners, they have been doing same kind of work as the regular employees do. By referring to Resolution dated 17th October, 1988 of the Public Works Department of the Government of Gujarat, whereby scheme was launched for the daily wagers working in the departments of the Government and under which the daily wagers came to be granted the benefits depending upon the completion of their service, the benefits under the said Resolution were demanded by the petitioners.

3.1. Representation was made in vain. Special Civil Application No. 9455 of 2015 was preferred, which came to be disposed of by the Court directing the authorities