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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK, J.
Dilipbhai Gopalbhai Bavaliya – Petitioner
Versus
State Of Gujarat Thro The Secretary & Ors. – Respondents
R/Special Civil Application No. 17607 of 2011 with Civil Application (For Amendment) No. 1 of 2019
Decided On : 09-05-2024
Constitution of India - Petition under Articles 14, 16 and 226 - 17.10.1988, 01.05.1991, 24.9.2014 - The petitioner, a daily wager, sought benefits under the Government Resolution dated 17.10.1988. The respondents denied the benefits, claiming the resolution applied only to the Road and Building Department. The petitioner's earlier petition was dismissed, but the Division Bench allowed the appeal and directed the respondents to afford an opportunity of hearing to the petitioner. The respondents rejected the request, citing the circular's applicability only to the R & B department. However, the Court had already granted relief in favor of the petitioner by extending benefits of the G.R. dated 17.10.1988. The Court held that the circular applied to all departments in the State of Gujarat. The Court directed the concerned respondent authority to pay all consequential benefits flowing from the Government Circular dated 17.10.1988 to the petitioner within four months.
Fact of the Case:
The petitioner, a daily wager, sought benefits under the Government Resolution dated 17.10.1988. The respondents denied the benefits, claiming the resolution applied only to the Road and Building Department. The petitioner's earlier petition was dismissed, but the Division Bench allowed the appeal and directed the respondents to afford an opportunity of hearing to the petitioner. The respondents rejected the request, citing the circular's applicability only to the R & B department. However, the Court had already granted relief in favor of the petitioner by extending benefits of the G.R. dated 17.10.1988.
Finding of the Court:
The Court held that the circular applied to all departments in the State of Gujarat. The Court directed the concerned respondent authority to pay all consequential benefits flowing from the Government Circular dated 17.10.1988 to the petitioner within four months.
Issues: The denial of benefits under the Government Resolution dated 17.10.1988 to the petitioner and the applicability of the resolution to all departments in the State of Gujarat.
Ratio Decidendi: The Government Resolution dated 17.10.1988 applies to all departments in the State of Gujarat, and the concerned respondent authority is directed to pay all consequential benefits to the petitioner within four months.
Final Decision: The Court allowed the petition, set aside the impugned orders, and directed the concerned respondent authority to pay all consequential benefits flowing from the Government Circular dated 17.10.1988 to the petitioner within four months.
JUDGMENT :
1. The petitioner has preferred present petition under Articles 14, 16 and 226 of the Constitution of India challenging the impugned order dated 17.11.2011 as well as recovery notice dated 17.11.2011 of the respondents with below mentioned relief/s:-
(b) YOUR LORDSHIPS be pleased to stay implementation and execution of the impugned order dt.17.11.2011 and also the consequent recovery notice dt. 17.11.2011 pending admission, hearing and final disposal of this petition.
(c) YOUR LORDSHIPS be pleased to issue the writ of mandamus or any other appropriate writ, order or direction and be pleased to appropriately revise the pay of the petitioner by revising the Dearness Allowance admissible from time to time to the petitioner and be further pleased to direct the respondents to pay the arrears to the petitioner after revision of the pay as aforesaid.
(d) YOUR LORDSHIPS be pleased to direct the respondents to appropriately revise the pay of the petitioner for the last 26 years by revising the Dearness Allowance admissible from time to time and also to pay the arrears to the petitioner, pending admission, hearing and final disposal of this petition.
(e) YOUR LORDSHIPS be pleased to grant such other and further reliefs as may be deemed fit in the interest of justice."
2. The short facts giving rise to present petition are that the petitioner was appointed as a daily wager on the post of Peon from 11.10.1985 and thereafter rendered continuous service as daily wager under the respondents. On 26.09.1990, since the petitioner had completed more than 2 years, the respondents had passed the order to give the benefit of relevant Government Resolution whereby the minimum wages were granted to the petitioner. These benefits were granted by issuing a letter dt.26.06.1990. The respondents had passed the order dt.08.04.1991 to give fix salary of Rs.750/- alongwith other benefits apart from the fix salary of Rs.750/-.
2.1 By order dt.11.10.1995, the respondent no.4 informed the petitioner that as per the audit department, the petitioner is entitled to old salary and the petitioner is paid excess salary of Rs.15,962/- and the relevant Government Resolution is not applicable to the petitioner. The petitioner had therefore preferred Special Civil Application No.9712/1995. The said petition was dismissed by order dt.28.05.2005. Even the application to pray for the recall of the said order being Miscellaneous Civil Application No.888/2006 was also dismissed. The petitioner had thereafter preferred Letters Patent Appeal No.47/2007 and the said appeal was allowed and the impugned order dt. 11.10.1995 was set aside as the same was passed without affording an opportunity to the petitioner. In view of the fact that the order dt. 11.10.1995 was set aside by this Court, the position of the petitioner prior to 11.10.1995 was required to be restored and accordingly the petitioner was entitled to revision of pay by revising the Dearness Allowance admissible from time to time.
2.2. Thereafter, the petitioner was called for personal hearing on 11.05.2010 by the respondents for making representation. The petitioner had made oral representation and thereafter the District Ayurved Officer had passed the order to maintain status quo regarding the position of the petitioner by order dt.03.06.2010. However, the petitioner was deprived of the revised pay scale by revising Dearness Allowance admissible from time to time and the petitioner was not given the arrears by revising the pay scale from 1995 till today. Therefore the petitioner constrained to give a legal notice through Advocate on 18.06.2010 to give him the arrears o
The Government Resolution dated 17.10.1988 applies to all departments in the State of Gujarat, and the concerned respondent authority is directed to pay all consequential benefits to the petitioner w....
The Industrial Disputes Act and the Government Circular dated 17.10.1988 are applicable to public utility services and daily wagers working in all departments in the State of Gujarat, and the benefit....
All those persons who would be entitled to regularisation/permanent status prior to April 01, 2005 shall be given the benefit of earlier scheme i.e. GPF. However, those who attain this status after A....
Daily wage workers with over five years of service are entitled to benefits under the government resolution, irrespective of the 240 days work requirement.
A piece-rate worker is entitled to the same benefits as daily wagers under Government Resolution 17.10.1988, highlighting the necessity of equitable treatment in employment rights.
The court established that continuity of service recognized by a Labour Court must be considered for granting benefits under government resolutions for daily wage workers.
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