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Chief Executive And Vice Chairman, ... vs Dineshbhai Karsanbhai Dodia on 4 August, 2021 cites

The State Of Gujarat vs Pwd And Forest Employees Union on 15 February, 2019

The Supreme Court in the case of the State of Gujarat vs. PWD and Forest Employees Union and Ors., (2019) 3 SCALE 642, while examining the cases of the workmen, who are engaged on daily wagers, while clarifying the decision of the Apex Court in the case of State of Gujarat and Ors. vs. PWD and Forest Employees Union and Ors., (2013) 12 SCC 417, has held that the daily wagers are also entitled to the benefit of pay-scale as per the Gujarat Civil Services (Revision of Pay) Rules, 2009, as revised from time to time, however, it is clarified that such daily wagers though would not be entitled to the pay- scales of permanent employee, but they are entitled to pay-scales under those Rules as per their job description. It is specifically observed that on attaining the status of permanency/regular employees, they become at par with those employees who are appointed as permanent, after undergoing the proper selection procedure on proving their merit, however, such daily wagers cannot be given the pay-scales which are even better than the pay scales given to the regularly appointed employees.
Supreme Court of India Cites 3 - Cited by 293 - A K Sikri - Full Document

State Of Gujarat & Ors vs Pwd Employees Union & Ors Etc on 9 July, 2013

The Supreme Court in the case of the State of Gujarat vs. PWD and Forest Employees Union and Ors., (2019) 3 SCALE 642, while examining the cases of the workmen, who are engaged on daily wagers, while clarifying the decision of the Apex Court in the case of State of Gujarat and Ors. vs. PWD and Forest Employees Union and Ors., (2013) 12 SCC 417, has held that the daily wagers are also entitled to the benefit of pay-scale as per the Gujarat Civil Services (Revision of Pay) Rules, 2009, as revised from time to time, however, it is clarified that such daily wagers though would not be entitled to the pay- scales of permanent employee, but they are entitled to pay-scales under those Rules as per their job description. It is specifically observed that on attaining the status of permanency/regular employees, they become at par with those employees who are appointed as permanent, after undergoing the proper selection procedure on proving their merit, however, such daily wagers cannot be given the pay-scales which are even better than the pay scales given to the regularly appointed employees.
Supreme Court of India Cites 7 - Cited by 567 - Full Document

State Of H.P. vs Lashkari Ram on 9 May, 2007

4.1. That the concerned employees were not paid the gratuity under the Payment of Gratuity Act, 1972 for the period, they worked as a daily wager. They were also not paid the gratuity under the Gujarat Civil Services (Pension) Rules, 2002 for the aforesaid period, during which, they worked as a daily wager. Therefore, the concerned employee approached the Controlling Authority under the provisions of the Payment of Gratuity Act claiming the gratuity under the Payment of Gratuity Act for the period they worked as a daily wager i.e. in the case of Special Civil Application No. 214 of 2016for the period from 24.06.1983 to 22.06.1997 and in the case of Special Civil Application No.213 of 2016 for the period between 16.07.1985 to 14.07.1997. The Controlling Authority rejected the claim. The Appellate Authority confirmed the same. That after considering the provisions of the Payment of Gratuity Act, 1972 and also provisions of Gujarat Civil Service (Pension) Rules, 2002, under which, the concerned employees were not paid the amount of gratuity during the period for which they worked as a daily wager and after considering the decision of the Hon'ble Supreme Court in the case of Ahmedabad Pvt. Primary Teachers Association vs. Administrative Officer reported in AIR 2004 SC 1426, decision of the Himachal Pradesh High Court in the case of State of H.P. vs. Lashkari Ram reported in 2008 I LLJ 137 and relying upon the other decisions of this Court referred to in para 13.1 to 13.2 of the impugned order, the learned Single Judge by impugned judgment and order has held that the concerned employees shall be entitled to gratuity under the Payment of Gratuity Act also for the period they worked as a daily wager, the period for which they were not paid the gratuity either under the Payment of Gratuity Act or under the provisions of the Gujarat Civil Service (Pension) Rules, 2002.
Himachal Pradesh High Court Cites 31 - Cited by 46 - R Sharma - Full Document
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