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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D.KARIA, L.S.PIRZADA
State Of Gujarat – Appellant
Versus
Ghelabhai Vajabhai Satiya – Respondent
| Table of Content |
|---|
| 1. context of employment benefits for daily-wagers (Para 2 , 3) |
| 2. arguments surrounding eligibility for benefits (Para 4 , 5 , 6) |
| 3. court's analysis of legal definitions and previous rulings (Para 7 , 8 , 9 , 10 , 11) |
| 4. recognition of rights under government resolutions (Para 12 , 13) |
| 5. final decision to uphold employee benefits (Para 14 , 15 , 16) |
JUDGMENT :
(PER : HONOURABLE MR.JUSTICE L. S. PIRZADA)
1. Heard learned Assistant Government Pleader Ms.Shruti Dhruve appearing for the appellants and learned Senior Advocate Mr.Shalin Mehta with learned advocate Ms.Aditi S. Raol appearing for the respondent on advance copy.
2. The present appeal has been preferred by the present appellants-original respondents, under Clause 15 of the Letters Patent, against the Order dated 04.09.2024 passed by the learned Single Judge in Special Civil Application No. 18867 of 2018, whereby the petition filed by the original petitioner (herein after referred to as 'the respondent') came to be allowed.
3. The factual matrix of the present appeal is that the respondent was working as a daily-wage worker under the Range Forest Officer, Vallabhipur Range, in the office of the appellants since 01.0
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.
Piece-rate workers are entitled to benefits under the Government Resolution 17.10.1988 as they fall within the definition of wages under the Industrial Disputes Act.
Daily wage workers with over five years of service are entitled to benefits under the government resolution, irrespective of the 240 days work requirement.
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....
Employees completing a specific number of years are entitled to benefits of permanency and are to be treated at par with regularly appointed employees. Additionally, piece rated workers are entitled ....
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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