A.K.Sikri, J. - (1.) Leave granted.
(2.) In these appeals filed by the State of Gujarat, challenge is laid to the common judgment dated June 14, 2018 passed by the High Court of Gujarat in contempt proceedings which were initiated by the respondents herein. To mention here, in nutshell, the appellant Government had passed Resolution dated October 17, 1988 whereby certain benefits were given to its daily wage workers, who have been working for number of years. The respondent Union, which represent those workers, had approached the High Court for direction to extend those benefits contained in Government Resolution (GR) dated October 17, 1988. Since this GR dated October 17, 1988 was not extended to the Forest Department of the appellant, to which Department the respondents belong, the respondents had filed writ petition in the High Court seeking extension of GR dated October 17, 1988 in respect of Forest Department as well. This writ petition was allowed by the single Judge of the High Court vide order dated March 21, 1997. Letter Patents Appeal (LPA) was preferred against the said judgment which was dismissed by the Division Bench of the High Court on April 29, 2003. Special Leave Petition (SLP) thereagainst was also dismissed by this Court on November 29, 2004.
(3.) Thereafter, appellant passed another GR dated March 24, 2006 in respect of Road and Building Department for determining pensionable service in cases of daily wagers having attained permanency on account of application of GR dated October 17, 1988. However, this representation was dismissed by the appellant on May 3, 2008. Respondents again approached the High Court against the dismissal of the said representation which was decided by the High Court on October 29, 2010. By means of said order, High Court directed the Forest and Environment Department of the appellant to consider the case of the daily wagers of the respondent union for regularisation/conferring permanent status, afresh and also to consider framing of a scheme for giving quasi permanent status to such workers at par with the scheme for daily wagers in other Departments. This was followed by another order dated August 25, 2011 passed in Miscellaneous Civil Application whereby High Court directed the appellant to frame a scheme for giving quasi permanent status to daily wagers in compliance with its earlier judgment dated October 29, 2010. LPA against this judgment was dismissed by the High Court on February 28, 2012. The appellant challenged the order in LPA by preferring SLP in this Court. Leave was granted and ultimately appeal was heard and decided on July 9, 2013 which is reported as State of Gujarat & Ors. v. PWD Employees Union & Ors., 2013 12 SCC 417. In this judgment, this Court inter alia gave the following directions: "28. Thus, the principal question that falls 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 daily-wage workers working for more than five years or the daily-wage workers working for more than five years are entitled for some other relief? 29. As per the scheme contained in the Resolution dated 17-10-1988 all the daily-wage 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, daily wagers are eligible for paid Sunday, medical allowance and national festival holidays. (ii) Daily wagers and semi-skilled workers who have service of more than five years and less than 10 years are entitled for fixed monthly salary along with dearness allowance as per prevailing standard, for his working days. Such daily wagers will get two optional leaves in addition to 14 miscellaneous leaves, Sunday leave and national festival holidays. Such daily wagers will also be eligible for getting medical allowance and deduction of provident fund. (iii) Daily wagers and semi-skilled workers who have service of more than ten years but less than 15 years are entitled to get minimum pay scale on a par with skilled workers along with dearness allowance as per prevailing standard, for his working days. Moreover, such daily wagers will get two optional leaves in addition to 14 miscellaneous leaves, Sunday leave and national festival holidays. He/She will be eligible for getting medical allowance and deduction of provident fund. (iv) Daily wagers and semi-skilled workers who have service of more than 15 years 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 the benefit as per the prevailing rules of gratuity, retired (sic retiral) salary, general provident fund. Moreover, they will get two optional leaves in addition to 14 miscellaneous leaves, 30 days' earned leave, 20 days' half-pay leave, Sunday leave and national festival holidays. The daily-wage workers and semi-skilled workers who have completed more than 15 years of their service will get one increment, two increments for 20 years service and three increments for 25 years in the current pay scale of skilled workers and their salary will be fixed accordingly." 30. Considering the facts and circumstances of the case, the finding of the Gujarat High Court dated 29-10-2010 in PWD Employees Union v. State of Gujarat [PWD Employees Union v. State of Gujarat, Special Civil Application No. 8647 of 2008, order dated 29-10-2010 (Guj)] and connected matters and the fact that the said judgment is binding between the parties, we are of the view that the appellants should be directed to grant the benefit of the scheme as contained in the Resolution dated 17-10-1988 to all the daily-wage workers of the Forest and Environment Department working for more than five years, providing them the benefits as per our finding at para 29 above. The appellants are directed accordingly. The judgment and order passed by the learned Single Judge dated 29-10-2010 [PWD Employees Union v. State of Gujarat, Special Civil Application No. 8647 of 2008, order dated 29-10-2010 (Guj)] as affirmed by the Division Bench by its order dated 28-2-2012 [State of Gujarat v. PWD Employees Union, LPA No. 1754 of 2011 in Misc. Civil Application No. 17 of 2011, decided on 28-2-2012 (Guj)] stands modified to the extent above. The benefit should be granted to the eligible daily-wage workers of the Forest and Environment Department working for more than five years including those who are performing work other than building maintenance and repairing but they will be entitled for the consequential benefits w.e.f. 29-10-2010 or subsequent date from which they are so eligible within four months from the date of receipt/production of the copy of this order. The appeals stand disposed of with the aforesaid observation and directions to the appellant State and its authorities. There shall be no separate orders as to costs. Review filed by the appellant against this judgment was also dismissed on January 29, 2014.;