Daily wage workers with over five years of service are entitled to benefits under the Government Resolution dated 17.10.1988.

JUDGEMENT

1. At the outset, learned advocate Mr.J.V.Japee for the petitioner has submitted that the issue is squarely covered by the judgement of the Apex Court in the case of The state of Gujarat Vs. PWD and Forest Employees Union & Ors., 2019(3) Scale 642.

2. In the present writ petition, the petitioner is claiming benefits arising out of Government Resolution dated 17.10.1988. It is the case of the petitioner that he was appointed as a daily wager by the order dated 15.11.1986 at Vatrej Primary Health Division by the respondent No.4 and thereafter, he has completed 27 years of the service as a peon with the Primary Health Department at Village Undavi, Dist. Bhavnagar.

3. Learned advocate Mr.J.V.Japee for the petitioner has submitted that in the case of PWD and Forest Employees Union & Ors.(supra), the Apex Court has considered the entire scheme of the Government Resolution dated 17.10.1988 and has directed the State authorities to confer the benefits as per the parameters laid down therein.

4. Learned advocate Mr.H.S.Munshaw for the respondent No.2 – District Development Officer has submitted that since the petitioner is employed on a part time basis, he would not be entitled to the benefits of the Government Resolution dated 17.10.1988.

5. In respect of the aforesaid submissions, learned advocate Mr.J.V.Japee for the petitioner has submitted that the petitioner was in fact appointed as a daily wager and also has been granted benefit of minimum wages under the provisions of Government Resolution dated 17.10.1988. He has placed reliance on the order dated 12.09.1990 of the respondent authority, wherein the petitioner has been given the benefit of the said resolution, after completion of five(5) years of service as a daily wager. The aforesaid order is not disputed by the respondent authorities.

6. The Apex Court initially in the judgement in the case of State of Gujarat & Ors. Vs. PWD Employees Union & Ors., 2013 (8) Scale 579, after threadbare analysis of the Government Resolution dated 17.10.1988 has held that aforesaid resolution shall be applicable to the daily wagers, who are working under the Forest and Environment Department. It appears that the Apex Court has also observed that the aforesaid resolution is applicable to all the departments including Road and Building Department, Forest and Environment Department, Water Resources Department etc.

7. The aforesaid decision was reconsidered by the Apex Court in the case of PWD and Forest Employees Union & Ors.(supra) and while recording the observations made in the decision in the case of PWD Employees Union & Ors. (supra), the Apex Court has observed thus:

“In this judgement, this court inter alia gave the following directions:

28. thus, the principal question that fails to be considered in these appeals is : whether in the facts and circumstances it will be desirable for the Court to direct the appellants to straightaway regularise the services of all the daily­wage workers working for more than five years or the daily­wage workers working for more than five years are entitled for some other relief? Resolution dated 17101988 all the daily­wage workers were not entitled for regularisation or permanency in the services. As per the said Resolution the daily wagers are entitled to the following benefits:

"(i) They are entitled to daily wages as per the prevailing daily wages. If there is presence of more than 240 days in first year, dail