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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK, J.
Chandrikaben Bhanulal Champaneri – Petitioner
Versus
Bhavnagar District Panchayat and Others – Respondents
Special Civil Application No. 16055 of 2015
Decided On : 18-04-2024
GOVERNMENT CIRCULAR - EMPLOYMENT BENEFITS - 17.10.1988 - The Industrial Disputes Act and the Government Circular dated 17.10.1988 are applicable to public utility services like hospitals, public health centers, etc. The benefits of the circular are to be extended to daily wagers working in all departments in the State of Gujarat. The petitioner is entitled to the benefits flowing from the Government Circular dated 17.10.1988 with a rider that during the period from 1985 to 2003, the petitioner is entitled to get 25% benefit and thereafter, from the date of reinstatement, the petitioner is entitled to get full benefits of the Government Resolution dated 17.10.1988. The respondents authorities are directed to recalculate the benefits and pay all the consequential benefits flowing from the said circular dated 17.10.1988 to the petitioner within four months from the date of receipt of copy of the order.
Fact of the Case:
The petitioner was appointed as rojamdar/daily wager aaya-cum-sweeper-cum peon in 1983 with the respondents authorities. The services of the petitioner came to be terminated by the respondents authorities. The petitioner approached the Labour Court, and the said reference came to be allowed by the Labour Court, directing the respondents authorities to reinstate the petitioner on her original post with continuity of service and awarded 50% backwages. The said award was challenged by the concerned respondent before this Court, and the backwages were modified from 50% to 25%. The respondents authorities denied regularization of services as per the Government Circular dated 17.10.1988 after completion of 10 years of service. Against the inaction of the respondents authorities, the petitioner approached the Court.
Finding of the Court:
The Court found that the petitioner is entitled to the benefits flowing from the Government Circular dated 17.10.1988. The Court directed the respondents authorities to recalculate the benefits and pay all the consequential benefits flowing from the said circular dated 17.10.1988 to the petitioner within four months from the date of receipt of copy of the order.
Issues: The issues revolved around the denial of regularization of services as per the Government Circular dated 17.10.1988 to the petitioner after completion of 10 years of service and the inaction of the respondents authorities in granting the benefits.
Ratio Decidendi: The Industrial Disputes Act and the Government Circular dated 17.10.1988 are applicable to public utility services like hospitals, public health centers, etc. The benefits of the circular are to be extended to daily wagers working in all departments in the State of Gujarat. The petitioner is entitled to the benefits flowing from the Government Circular dated 17.10.1988 with a rider that during the period from 1985 to 2003, the petitioner is entitled to get 25% benefit and thereafter, from the date of reinstatement, the petitioner is entitled to get full benefits of the Government Resolution dated 17.10.1988.
Final Decision: The Court allowed the petition and directed the respondents authorities to recalculate the benefits and pay all the consequential benefits flowing from the said circular dated 17.10.1988 to the petitioner within four months from the date of receipt of copy of the order.
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. The petitioner has preferred present petition under Articles 14, 19, 21 and 226 of the Constitution of India challenging the inaction on the part of respondents with below mentioned reliefs:
(B) YOUR LORDSHIPS be pleased to issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction, to the respondents to grant the benefits of Govt. Resolution dated 17.10.1988 to the petitioner, following the length of service of the petitioner and also as per the decision of the Hon'ble Apex Court, pending the admission, hearing and final disposal of this petition.
(C) YOUR LORDSHIPS be pleased to direct the respondent authority to pay the difference of salary as per the prevailing pay commission from dated 01.04.1993, as the services of the petitioner are eligible for benefit of Govt. resolution dated 17.10.1988, on completing 10 years of continuous service, along with interest @ 12% per annum in the interest of justice.
(D) YOUR LORDSHIPS be pleased to direct the respondent authority to pay the difference of salary as per the prevailing pay commission from dated 01.04.1993, as the services of the petitioner are eligible for benefit of Govt. resolution dated 17.10.1988, on completing 10 years of continuous service, along with interest in the interest @ 12% per annum of justice, pending the admission, hearing and final disposal of this petition.
(E) YOUR LORDSHIPS be pleased to grant such other and further reliefs as deemed fit in the interest of Justice.”
2. The short facts giving rise to present petition are that the petitioner was appointed as rojamdar/daily wager aaya-cum-sweeper-cum peon in 1983 with the respondents authorities. The services of the petitioner came to be terminated by the respondents authorities and therefore, the petitioner has preferred Labour Court Reference No. 367 of 1989. The said reference came to be allowed by the Labour Court vide order dated 22.7.2003 and directed the respondents authorities to reinstate the petitioner on her original post with continuity of service and awarded 50% backwages.
2.1 The said award came to be challenged by the concerned respondent before this Court by way of preferring Special Civil Application No. 15785 of 2005 and after hearing the parties, this Court modified the award of the Labour Court with regard to backwages. This Court has modified the backwages from 50% to 25%.
2.2 Against the said order of this Court, the respondents authorities have preferred Letters Patent Appeal and the same was dismissed for non-removal of office objections.
2.3 After completion of 10 years service, the petitioner approached the respondents authorities to which she was denied regularization of services as per the Government Circular dated 17.10.1988.
2.4 In view of the above facts and against the inaction of the respondents authorities, the petitioner has approached this Court by way of preferring present petition.
3. Heard Mr. Vishal P. Thakker, learned Counsel appearing for the petitioner, Mr. Jay Trivedi, learned Assistant Government Pleader appearing for respondent No. 4 and Mr. H.S. Munshaw, learned Counsel appearing for the respondent Nos. 1 and 2.
4. Mr. Thakker, learned Counsel for the petitioner has submitted that the petitioner was reinstated in the year 2005 and he was serving for almost 32 years till the date of her superannuation and therefore, she is entitled for the benefits flowing from Government Circular dated 17.10.1988.
4.1 Mr. Thakker, learned Counsel for the petitioner has further submitted that the petitioner has been ignored by the respondents in granting th
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....
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....
Continuity of service is established upon reinstatement, and benefits under the Government Resolution cannot be denied based on prior illegal termination.
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.
Once the termination is set aside, the employee cannot be denied continuity of service once reinstatement is directed.
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