Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2013 (7) TMI SC This
Issues involved:
1. Applicability of the Resolution dated 17th October, 1988 to the daily wage workers of the Forest and Environment Department. 2. Entitlement of daily wage workers for benefits under the said Resolution. 3. Legality of the rejection of the representation for regularization by the State authorities. 4. Binding nature of the High Court's judgment dated 29th October, 2010. 5. Applicability of the principles laid down in Uma Devi and A. Umarani cases. Summary: Issue 1: *Applicability of the Resolution dated 17th October, 1988 to the daily wage workers of the Forest and Environment Department* The Supreme Court examined whether the Resolution dated 17th October, 1988, which provided certain benefits to daily wage workers, applied to those in the Forest and Environment Department. The Court noted that the Resolution was not limited to workers engaged in building maintenance and repairing work but extended to all daily wage workers in various departments, including the Forest and Environment Department. The Full Bench decision of the Gujarat High Court and the subsequent Resolution dated 22nd December, 1999, which restricted the applicability, were found unsustainable. Issue 2: *Entitlement of daily wage workers for benefits under the said Resolution* The Court held that daily wage workers of the Forest and Environment Department, who had been working for more than five years, were entitled to the benefits outlined in the Resolution dated 17th October, 1988. These benefits included fixed monthly salary, dearness allowance, medical allowance, provident fund, and other leave and holiday entitlements, depending on the duration of their service. Issue 3: *Legality of the rejection of the representation for regularization by the State authorities* The Supreme Court found that the rejection of the representation for regularization by the State authorities was not in consonance with the High Court's judgment dated 29th October, 2010. The High Court had directed the State to consider the cases for regularization afresh, keeping in mind the nature of work and the long duration of service of the daily wage workers. Issue 4: *Binding nature of the High Court's judgment dated 29th October, 2010* The judgment dated 29th October, 2010, by the Gujarat High Court, which directed the State to consider regularization of daily wage workers, had reached finality as it was not challenged by the State. Therefore, the State was bound to comply with the directions given in that judgment. Issue 5: *Applicability of the principles laid down in Uma Devi and A. Umarani cases* The Court distinguished the present case from the principles laid down in Uma Devi and A. Umarani, which dealt with regularization of employees appointed through backdoor methods. The Court noted that the initial entry of the daily wage workers in the Forest and Environment Department did not suffer from any illegality or irregularity and was in consonance with the Minimum Wages Act. Conclusion: The Supreme Court directed the State of Gujarat to grant the benefits of the Resolution dated 17th October, 1988, to all eligible daily wage workers of the Forest and Environment Department who had been working for more than five years. The benefits were to be provided within four months from the date of receipt of the order, with consequential benefits effective from 29th October, 2010. The appeals were disposed of with these directions, and no separate orders as to costs were made.
|