Gujarat High Court
Amreli District Panchayat vs Legal Heirs Of Mariyamben Kalabhai ... on 6 September, 2024
Author: A.S. Supehia
Bench: A.S. Supehia
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1370 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 14198 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/LETTERS PATENT APPEAL NO. 1370 of 2024
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AMRELI DISTRICT PANCHAYAT & ANR.
Versus
LEGAL HEIRS OF MARIYAMBEN KALABHAI SARVAIYA & ORS.
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Appearance:
KAASH K THAKKAR(7332) for the Appellant(s) No. 1,2
MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 3
MR. VISHAL P THAKKER(7079) for the Respondent(s) No. 1.1,1.2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 06/09/2024
ORAL ORDER
(PER : HONOURABLE MRS. JUSTICE MAUNA M. BHATT)
1. This intra Court appeal is directed against the order
dated 01.05.2024 in Special Civil Application No. 14198 of
2020, wherein learned Single Judge while disposing of the
petition has directed the appellant - Amreli District Panchayat
(original respondent) to reconsider the case of late employee
for grant of benefit under Government Resolution dated
17.10.1988 without any reference to the cutoff date of
29.10.2010.
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2. The facts on record are not in dispute. It was case of the
respondent - original petitioner that appellant - Amreli District
Panchayat by an order dated 21.09.2020, had illegally denied
the benefits conferred under Government Resolution dated
17.10.1988, by not counting her length of service. The
application of cut of date of 29.10.2010, for grant of benefit of
G.R dated 17.10.1988, being erroneous deserves
reconsideration. It was case of the respondent - employee that
she had rendered services from 04.04.1981 as a daily wager
and therefore upon completion of her 10 years services, she
would be entitled to benefit under Government Resolution
dated 17.10.1988. She was working with the appellant since
04.04.1981, as a Rojamdar Peon and thereafter she was
illegally terminated on 04.04.1990. For her termination, she
raised a dispute before the Labour Court Rajkot, registered as
Reference Case No. 191 of 1993, wherein the Labour Court
allowed the reference and directed reinstatement with
continuity of service. Aggrieved by the award of the Labour
Court, a writ petition being Special Civil Application No. 4441
of 2000 came to be filed by Amreli District Panchayat, which
came to be rejected and upon rejection of Special Civil
Application No. 4441 of 2000, the respondent herein was
reinstated vide order dated 03.03.2003. In view of her
reinstatement, she would be entitled to benefits of G.R dated
17.10.1988, by counting total length of service. As she was
denied the benefits of Government Resolution dated 17.10.1988
by counting her total length of service and in view of grant of
benefits of G.R. dated 17.10.1988, by applying cut of date, she
preferred captioned writ petition. The learned Single Judge by
placing reliance on Letters Patent Appeal No. 1381 of 2015
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allowed the petition, aggrieved by which present appeal is
filed.
3. Heard learned advocate Mr. Kaash Thakkar for the
appellant and learned advocate Mr. Vishal Thakker for
respondent Nos. 1.1 and 1.2 and learned Assistant Government
Pleader Ms. Shruti Dhruve for respondent - State.
4. Learned advocate Mr. Kaash Thakkar fairly submitted that
the order dated 21.09.2020 was passed granting benefits of G.R
dated 17.10.1988, to the respondent herein from 29.10.2010,
because the said cut of date was given in the decision of
Hon'ble Apex Court in the case of State of Gujarat V/S PWD
Employees Union and Ors. reported in (2013 (12) SCC 417.
However, the said issue is now no more res-integra in view of
decision of the Coordinate Bench in Letters Patent Appeal No.
1381 of 2015, wherein the Coordinate Bench has held as
under: -
"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 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
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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 abovereferred 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, 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
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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
semiskilled 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 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
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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."
5. In view of the decision of the Coordinate Bench referred
herein above, we could not see any reason for interference and
therefore the present appeal is rejected.
6. In view of disposal of the main appeal, the connected
Civil Application would not survive and is disposed of
accordingly.
(A. S. SUPEHIA, J)
(MAUNA M. BHATT,J)
SHRIJIT PILLAI/05
