Gujarat High Court
Gordhanbhai Mangabhai Bhangi vs State Of Gujarat on 24 August, 2021
Bench: A.S. Supehia
C/SCA/11988/2020 ORDER DATED: 24/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11988 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 12483 of 2020
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GORDHANBHAI MANGABHAI BHANGI
Versus
STATE OF GUJARAT
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Appearance:
MR GAURAV K MEHTA(5227) for the Petitioner(s) No. 1,2,3
MR ROHAN SHAH, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 24/08/2021
COMMON ORAL ORDER
1. In the present writ petitions, the petitioners are praying for extending
the benefits from the respective date of the circular dated 16.07.2019 issued
by the Finance Department.
2. It is the case of the petitioners that they are in fact rendering services
of full time employees, though they were appointed as part timers on a fixed
monthly salary.
3. Learned advocate Mr.Gaurav Mehta appearing for the petitioners has
submitted that the issue is squarely covered by the decision of the Supreme
Court in the case of State of Punjab and Others vs. Jagjit Singh and Others,
(2017) 1 SCC 248. He has further submitted that after considering the
aforesaid judgment of the Apex Court, the Coordinate Bench of this Court
vide judgment dated 21.12.2018 rendered in Special Civil Application
No.7462 of 2012 and allied matters, while considering the policy of
outsourcing promulgated vide resolutions dated 10.02.2006 and 25.04.2012,
has directed the State Government to consider the cases for payment of
minimum wages in the last pay grade as enunciated by the Supreme Court in
the case of Jagjit Singh and Others (supra). The aforesaid judgment was
subject matter of challenge before the Division Bench and the Division
C/SCA/11988/2020 ORDER DATED: 24/08/2021
Bench vide common order dated 09.05.2019 passed in Letters Patent Appeal
No.1155 of 2019 and allied matters confirmed the view of the Coordinate
Bench. He has further submitted that thereafter the State Government issued
a resolution dated 16.07.2019, extending the benefits of the judgments of
this Court to such part time employees/temporary ad hoc employees. It was
promulgated that such employees would be granted the fixed pay of
Rs.14,800/- in the minimum pay scale of Class-IV employees. It is the case
of the present petitioners that though their cases are squarely covered by the
said resolution, however, they are not extended such benefits.
4. Learned AGP has submitted that for extending the aforesaid benefits,
the service of the petitioners are required to be verified by the concerned
department and a proposal has to be sent to the respondent-Finance
Department, as per the scheme of the resolution and accordingly, if it is
found that the petitioners are entitled, such benefits will be extended.
5. The Coordinate Bench of this Court has specifically observed that in
fact the entire policy of outsourcing, which was introduced with resolutions
dated 10.02.2006 and 25.04.2012, was held to be illegal. Thus, after the
judgments rendered by this Court, it is not open for the State Authorities to
engage any employees by way of outsourcing and even if they are engaged,
they would be entitled for the wages, as provided under the resolution dated
16.07.2019.
6. In the considered opinion of this Court, the present writ petitions can
be disposed of with a direction to the respondent-Finance Department to
examine the cases of the present petitioners with regard to extending the
benefits of the resolution dated 16.07.2019. The respondent-Finance
Department is directed to call for necessary details of all the petitioners from
the concerned departments within a period of three weeks from the date of
receipt of the present order. The concerned departments are also directed to
C/SCA/11988/2020 ORDER DATED: 24/08/2021
cooperate and forward the details of the present petitioners to the Finance
Department expeditiously within a period of two weeks thereafter. The
Finance Department is further directed to examine each case of the
petitioners with regard to their service conditions and if they are found
eligible as per the judgment dated 21.12.2018 passed in Special Civil
Application No.7462 of 2012 and allied matters and order dated 09.05.2019
passed in Letters Patent Appeal No.1555 of 2019 and as per the resolution
dated 16.07.2019, such benefits shall be extended to them. The Finance
Department is directed to pass appropriate orders after receipt of the details
of the petitioners within a period of four weeks. It is clarified that the
Finance Department, while examining each of the case of the petitioner,
shall specifically keep in mind that the entire policy of outsourcing
introduced vide Resolutions dated 10.02.2006 and 25.04.2012 has been
declared illegal. It is declared by this Court in the aforementioned decisions
that all such employees, who are terminated or affected due to the said
policy, are to be reinstated and conferred the benefit of minimum pay. Thus,
the only factor, which is requires to be examined in the case of the
petitioners is that whether the policy of outsourcing is/was detrimental to
their service conditions, including their termination or non-conferring of
minimum pay.
7. It is clarified that if any adverse decision is taken against the present
petitioners, it shall be communicated to them and it would be open for the
petitioners to revive the present writ petitions by filing a simple note before
the Registry.
(A. S. SUPEHIA, J)
ABHISHEK
