Gujarat High Court
State Of Gujarat & 2 vs Mansukh D. Sihora At Chharodiya & 2 on 3 February, 2015
Author: Ks Jhaveri
Bench: Ks Jhaveri, A.G.Uraizee
C/LPA/649/1997 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 649 of 1997
With
LETTERS PATENT APPEAL NO. 650 of 1997
In
SPECIAL CIVIL APPLICATION NO. 3987 of 1989
With
LETTERS PATENT APPEAL NO. 660 of 1997
In
SPECIAL CIVIL APPLICATION NO. 7463 of 1992
With
LETTERS PATENT APPEAL NO. 662 of 1997
In
SPECIAL CIVIL APPLICATION NO. 2870 of 1994
With
LETTERS PATENT APPEAL NO. 665 of 1997
In
SPECIAL CIVIL APPLICATION NO. 585 of 1997
With
LETTERS PATENT APPEAL NO. 668 of 1997
In
SPECIAL CIVIL APPLICATION NO. 2924 of 1995
With
LETTERS PATENT APPEAL NO. 44 of 1998
In
SPECIAL CIVIL APPLICATION NO. 4199 of 1993
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STATE OF GUJARAT & 2....Appellant(s)
Versus
MANSUKH D. SIHORA AT CHHARODIYA & 2....Respondent(s)
================================================================
Appearance In LPA Nos. 649/97, 650/97 & 660/97:
MR RAKESH PATEL, ASST GOVERNMENT PLEADER for the Appellant(s)
No. 1 - 3
Appearance In LPA Nos. 662/97 & 665/97:
MR BHARAT VYAS, ASST GOVERNMENT PLEADER for the Appellant(s) No.
1-3
Page 1 of 5
C/LPA/649/1997 ORDER
Appearance In LPA Nos. 668/97 & 44/97:
MR HARSHEEL SHUKLA, ASST GOVERNMENT PLEADER for the
Appellant(s) No. 1 - 3
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CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 03/02/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE KS JHAVERI)
1. We have heard learned advocates appearing for the parties.
2. These intra-court Letters Patent Appeals have been filed challenging the orders passed by the learned Single Judge in aforesaid writ petitions wherein it is held that Government Resolution dated 17.10.1988 is applicable to the Government in Forest Department in light of precedent judgemnt of this court in Special Civil Application No. 8589 of 1996. The learned Single Judge while allowing the writ petitions directed the respondents to consider the case of the petitioners therein as per the directions given by the Court.
3. Mr. Rakesh Patel, learned AGP appearing for the appellant submitted that the learned Single Judge ought to have seen that no relief could have been granted to the respondents. Mr. Patel submitted that the learned Single Judge ought to have appreciated that the respondents are daily wagers today and may not be engaged tomorrow and therefore it is not obligatory on the part of the person to offer himself for work and at the same time it is not obligatory for Page 2 of 5 C/LPA/649/1997 ORDER the department to assign work. He submitted that therefore extending benefits of the resolution dated 17.10.1988 to such workmen is bad in law.
4. The issue involved in these appeals are squarely covered by a recent decision of the Apex Court in the case of State of Gujarat and Others vs. PWD Employees Union and Others etc. reported in 2013(12) SCC 417, wherein the Apex Court has observed that the full bench decision of this Court in the case of Gujarat Forest Producers, Gatherers (supra) shall be non binding and in fact the resolution dated 17.10.1988 shall be applicable to all the departments. The relevant portion is reproduced as under:
"20. The daily wage workers who were engaged in building maintenance and repairing work in different departments were already entitled for their work related facilities. Therefore, what we find is that the Committee has not limited the recommendation to the daily wage workers working in building maintenance and repairing work in different departments of the State. The State Government vide its Resolution dated 17th October, 1988 has not limited it to the daily wage workers working in building maintenance and repairing work. What we find is that the Resolution dated 17th October, 1988 is applicable to all the daily wage workers working in different departments of the State including Forest and Environment Department performing any nature of job including the work other than building maintenance and repairing work. The decision of the Full Bench of Gujarat High Court in Gujarat Forest Producers, Gatherers and Forest Workers Union(supra and the subsequent Resolution dated 22nd December, 1999 issued from Forest and Environment Department of the State, in our opinion are not sustainable, as the intent of Resolution dated 17th October, 1988 was not Page 3 of 5 C/LPA/649/1997 ORDER properly explained therein and, therefore, the aforesaid decision of Full Bench and Resolution dated 22nd December, 1999 cannot be made applicable to the daily wage workers of the Forest and Environment Department of the State of Gujarat.
21. In view of the aforesaid observation, we find that the full Bench of the Gujarat High Court in Gujarat Forest Producers, Gatherers and Forest Workers Union(supra) proceeded on erroneous premises to hold that the Resolution dated 17th October, 1988 is applicable only to the daily wage workers of Forest Department engaged in building maintenance and repairing work. The conclusions in the said judgment are not sustainable otherwise also. We have already noticed that the Resolution of the State Government dated 17th October, 1988 is not limited to any particular department, it applies to all the departments including Road and Building, Forest and Environment Department, Water Resources Department, etc. We have also noticed that the Committee headed by the Minister of Road and Building Department looked into the wages of daily wage workers and work related facilities provided to the daily wage workers engaged in building maintenance and repairing work in different departments, only for the purpose of its recommendations. The Committee has not limited the recommendations amongst the daily wage workers engaged in building maintenance and repairing work in different departments by its aforesaid Resolution. It is applicable to all daily wage workers including semi- skilled workers performing any nature of job, working in different departments of the State including the daily wage workers of the Forest Department performing work other than building maintenance and repairing work."
5. In view of the above decision, the resolution dated 17.10.1988 is applicable to all the government departments. We are in complete agreement with the reasonings adopted and findings arrived at by the learned Single Judge and therefore do not Page 4 of 5 C/LPA/649/1997 ORDER see any reason for interference in the present appeals. Appeals are, therefore, dismissed being devoid of any merits.
(K.S.JHAVERI, J.) (A.G.URAIZEE,J)
divya
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