A divison bench of the Justice A.S. Desai and Nisha M. Thakore of Gujarat HC dismissed the appeal challenging the order dated 08.01.2018 passed by the learned single judge by relying on various decisions of SC in which it was held that Resolution dated 17th October, 1988 cannot be kept limited for its operation and grant of benefits thereunder, only to the department namely Road and Buildings Department, but would be applicable to all daily based employees working under the different departments of the State.
Facts:
The appellants has filed this appeal under Clause 15 of Letters Patent Appeal, for challenging the order dated 08.01.2018 passed by learned Single Judge in captioned writ petition by which the petition filed by the present respondents is allowed and directed the Authorities to examine and consider the case of the petitioners for the purpose of granting benefit available under State Government Resolution dated 17th October, 1988, keeping in view the facts and circumstances of the case of the petitioners including the case for considering services continuous by giving benefit of Section 25-B(2) of the Industrial Disputes Act by giving benefit of addition of holidays in total period of service.
The learned Assistant Government Pleader appearing for the appellants had submitted that learned Single Judge has committed an error by directing to consider the benefit of addition of holidays by calculating the total period of service. By making the aforesaid submission, he prayed to allow the present appeal.
On the other hand, learned appearing for the respondent No.1 submitted that the learned Single Judge has allowed the petition by relying upon the decision of the Hon’ble Apex Court as well as decision of the Co-ordinate Bench of this Court in Letters Patent Appeal No.2047 of 2004 in Special Civil Application No.11355 of 2002. He, therefore, submitted that present appeal may be dismissed.
Observations of the Court
The court after hearing the learned advocates appearing for the respective parties came in agreement with the reasons assigned by the learned Single Judge in his order dated 08.01.2018. In his order, he relied on the decision of the Supreme Court in case of State of Gujarat v. P.W.D. Employees' Union [2013 (2) GLH 692]. In the said decision, the Supreme Court held that benefit of Resolution dated 17th October, 1988 would not confined to the Road & Building Department by which Resolution is issued but the same shall be extendable to all the similarly situated employees working in the other Departments of the State Government.
They also placed their reliance on another decision of this Court in Narsingbhai Dheriyabhai Vasava v. State of Gujarat being Special Civil Application No.16807 of 2016. The facts and the prayers of the said petition was similar and the petitioner of the said petition was identically situated to the present petitioners, being a daily-rated employee of the Forest Department claiming the similar benefits in the similar way. In view of the above facts and concretely applying the ratio of the above relied cases this court found no reason to interfere with the decision of the learned single Judge and upheld it by agreeing on his grounds.
Decision:
The present appeal was dismissed as no merit was found in the submission of the appellants for interference in the present matter.
Case: STATE OF GUJARAT vs GUJARAT FOREST PRODUCE GATHERS AND FOREST WORKERS UNION
Citation: In R/SPECIAL CIVIL APPLICATION NO. 274 of 2016 with CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 1417 of 2022
Coram: Justice A.S. Desai and Nisha M. Thakore
Dated: 15.11.2022
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