- (1.) Leave granted. These appeals have been preferred by the State of Gujarat and others against a common judgment dated 28th February, 2012 passed by the Division Bench of the High Court of Gujarat at Ahmedabad whereby Letters Patent Appeal No. 1754 of 2011 in Misc. Civil Application No.17/2011 preferred by the State of Gujarat and its officials has been dismissed and the order dated 25th August, 2011 passed by the learned Single Judge has been affirmed giving direction to the appellant-State and its officials to regularize the services of respondents-workmen.
(2.) The factual matrix of the case is as follows: The Gujarat State Employees Union, Gujarat State Public Works Department Employees Union, Labour Union and other Unions made a representation to the State Government for regularization of daily wage workers, working since long. On their demand, the State Government constituted a Committee vide Resolution dated 24th March, 1988 under the Chairmanship of Minister of Road and Building Department to make proper recommendations after studying the demands, issues and questions of the Labour Unions. After thoroughly studying the wages of daily wage workers, work related services & facilities provided to the daily wage workers who were engaged in the building maintenance and repairing work in different departments of the State such as Road and Building Department, Water Resources Department, Forest Department, Agriculture Department etc. the Committee made recommendations favouring the regularization. The State Government on considering the recommendations submitted by the Committee decided to accept all the said recommendations and resolved as follows: "RESOLUTION The Government has taken into consideration the recommendations submitted by committee and so, it is decided to accept all recommendations of the Committee. Accordingly, it is resolved to provide following wages and services to daily wagers and semi skilled workers working in different departments of the State. 1. It is decided to pay daily wages as per the prevailing Daily Wages Rules to daily wagers and semi skilled workers who has less than five years service as on 1.10.1988. If there is presence of more than 240 days in first year, he is eligible for paid Sunday, medical allowance and national festival holidays. 2. As per provisions of Section 25B of the Industrial disputes act, daily wagers and semi skilled workers who has service of more than five years but less than 10 years as on 1.10.1988, will get Rs.750/- as fixed monthly salary alongwith dearness allowance as per prevailing standard, for his working days. Moreover, he/she will get two optional leave in addition to 14 misc. leave, Sunday leave and national festival holidays. He/She will be eligible for getting medical allowance and deduction of provident fund. 3. As per provisions of Section 25B of the Industrial disputes act, daily wagers and semi skilled workers who has service of more than ten years but less than 15 years as on 1.10.1988, will get minimum pay scale at par with skilled work along with dearness allowance as per prevailing standard, for his working days. Moreover, he/she will get two optional leave in addition to 14 misc. leave, Sunday leave and national festival holidays. He/She will be eligible for getting medical allowance and deduction of provident fund. 4. As per provisions of Section 25B of the Industrial Disputes Act, daily wagers and semi skilled workers who has service of more than fifteen years as on 1.10.1988 will be considered as permanent worker and such semi skilled workers will get current pay scale of skilled worker along with dearness allowance, local city allowance and house rent allowance. They will get benefit as per the prevailing rules of gratuity, retired salary, general provident fund. Moreover they will get two optional leave in addition to 14 misc. leave, 30 days earned leave, 20 days half pay leave, Sunday leave & national festival holidays. The retirement age of such semi skilled workers will be 60 years and their services will be rendered for pensionable period. As per provisions of Section 25B of the Industrial Disputes Act, daily wagers and semi skilled workers who have completed more than fifteen years of their service will get one increment, two increment for 20 years service and three increments for 25 years in the current pay scale of skilled worker and their salary will be fixed accordingly on 1.10.1998." The aforesaid Resolution was issued and published with the consent of the Finance Department dated 14th October, 1988 and General Administrative Department dated 17th October, 1988.
(3.) In spite of the Resolution of the State Government dated 17th October, 1988 the benefit was not provided to the daily wage workers of the Forest Department of the State. Aggrieved by the same, some of the daily wage workers of Forest Department filed a Special Civil Application No.3500 of 1992 before the High Court of Gujarat. The learned Single Judge by the judgment dated 21st March, 1997 relying on a common judgment dated 4th March, 1996, passed by the same Court in a group of similar cases, held that Resolution dated 17th October, 1988 is applicable to the employees of the Forest Department as well.;