Gujarat High Court
Kutchh District Panchayat vs Mangalbhai K. Rabari & on 4 January, 2016
Bench: Jayant Patel, Vipul M. Pancholi
C/LPA/1381/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 1381 of 2015
In SPECIAL CIVIL APPLICATION NO. 15670 of 2005
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KUTCHH DISTRICT PANCHAYAT....Appellant(s)
Versus
MANGALBHAI K. RABARI & 1....Respondent(s)
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Appearance:
MR HS MUNSHAW, ADVOCATE for the Appellant
MR PH PATHAK, ADVOCATE for the Respondent No. 1
MR DM DEVNANI, AGP for Respondent No. 2
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
JAYANT PATEL
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 04/01/2016
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JAYANT PATEL)
1. The present appeal is directed against the order dated 8.10.2014, passed by the learned single Judge in Special Civil Application No. 15670 of 2015, whereby the learned single Judge, for the reasons recorded in the order has dismissed the petition.
2. We have heard Mr. H.S. Munshaw, learned counsel appearing for the appellant and Mr. P.H. Pathak, learned counsel appearing on advance copy for respondent no.1.
3. The contention raised on behalf of the appellant is that even Page 1 of 6 HC-NIC Page 1 of 6 Created On Tue Jan 05 22:57:15 IST 2016 C/LPA/1381/2015 ORDER in the decision of the Apex Court in the case of State of Gujarat and others vs. PWD Employees Union and Ors., reported at (2013) 12 SCC 417, effective date for the purpose of conferment of the benefits is 29.10.2010 and not as per the Govt. Resolution dated 17.10.1988. The Labour Court has granted benefits as per the Govt. Resolution dated 17.10.1988 and the learned single Judge did not interfere with the same. It was also submitted that after the above-referred decision of the Apex Court in the case of State of Gujarat & Ors. (supra), the Gujarat Water Supply & Sewerage Board approached the Apex Court by preferring Special Leave Petition Nos. 29108-29114 of 2014 against the judgment dated 6.7.2014 rendered in Letters Patent Appeal No. 327 of 2013 and allied matters and the Apex Court, vide order dated 14.11.2014 has interfered with the judgment by observing that the the payment of arrears shall remain stayed, but the benefits in terms of the judgment of the High Court be released for the future. It was, therefore, submitted that in view of the aforesaid recent development, this Court may consider the matter.
4. If the facts of the present case are considered, the Labour Court has passed the award by directing to grant the benefits available to the respective workmen as per the Govt. Resolution dated 17.10.1988. The learned single Judge, in view of the above-referred decision of the Apex Court in the case of Page 2 of 6 HC-NIC Page 2 of 6 Created On Tue Jan 05 22:57:15 IST 2016 C/LPA/1381/2015 ORDER State of Gujarat & others (supra) did not find the case for interference. Mr. Munshaw is not right in submitting that the effect for permanency benefits etc. is to be given from 29.10.2010 as per the above-referred decision of the Apex Court in the case of State of Gujarat & others (supra). On the contrary, in paragraph-29 of the said decision, the Apex Court has observed, inter alia, that, "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 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." Entire paragraph-29 of the above- referred decision of the Apex Court reads as under:
"29. As per the scheme contained in the Resolution dated 17-10-1988 all the daily-wage workers were not entitled for regularization 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, Page 3 of 6 HC-NIC Page 3 of 6 Created On Tue Jan 05 22:57:15 IST 2016 C/LPA/1381/2015 ORDER 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 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 Page 4 of 6 HC-NIC Page 4 of 6 Created On Tue Jan 05 22:57:15 IST 2016 C/LPA/1381/2015 ORDER the current pay scale of skilled workers and their salary will be fixed accordingly."
Hence, what is ordered by the Apex Court is grant of benefits as per the Govt. Resolution dated 17.10.1988 and not from the date as sought to be canvassed by the learned counsel for the appellant so as to deprive the benefits, if any, of the Govt. Resolution dated 17.10.1988.
5. Be it recorded that so far as the present case is concerned, the respondent no.1 is the workman in District Panchayat and in respect of the Panchayat employees, the policy of the government applies automatically which means that they are at par with the government employees. The status of the employees of Gujarat Water Supply & Sewege Board of whose matter reference is made by Mr. Munshaw cannot be said to be at par with the Panchayat employees. We leave it at that because the matter is pending before the Apex Court in the above-referred proceedings of Special Leave Petitions.
6. The Labour Court has directed for conferment of benefits by the impugned award as per the Govt. Resolution dated 17.10.1988. We do not find that the learned single Judge has committed any error in not interfering with the said award. Under the circumstances, no case is made out for interference. Hence, the appeal is dismissed.
Page 5 of 6 HC-NIC Page 5 of 6 Created On Tue Jan 05 22:57:15 IST 2016 C/LPA/1381/2015 ORDER (JAYANT PATEL, ACJ.) (VIPUL M. PANCHOLI, J.) pirzada Page 6 of 6 HC-NIC Page 6 of 6 Created On Tue Jan 05 22:57:15 IST 2016