2014 (12) TMI 1427 - HC - Indian Laws

Prayer to grant them benefits flowing from the Government Resolution dated 17.10.1988 - entitlement to daily wage members for regularization or permanency in the services - HELD THAT - The petition is squarely covered by the judgment of the Supreme Court in State of Gujarat and others Vs. PWD Employees Union 2013 (7) TMI 1228 - SUPREME COURT where it was held that the appellants should be directed to grant the benefit of the scheme as contained in the Resolution dated 17th October, 1988 to all the daily wage members of the Forest and Environment Department working for more than five years, providing them the benefits. The Review Petitions filed by the State Government against this judgment have now been dismissed by the Supreme Court STATE OF GUJARAT ORS. VERSUS PWD EMPLOYEES UNION ORS. 2014 (1) TMI 1948 - SC ORDER . In the view of this, there remains no impediment at all on the part of the State Government in extending the benefits of the Government Resolution dated 17.10.1988 to the 33 members of the petitioner subject to their fulfilling the requisite conditions. The respondents shall examine the cases of the 33 members of the petitioner individually and, if found eligible, shall extend the benefits of the Government Resolution dated 17.10.1988 to said 33 members of the petitioner as per the directions of the Supreme Court. The needful be done within a period of four months from the date of receipt of copy of this order. Petition allowed.

Summary

Issues:
Petition under Article 226 for benefits from Government Resolution dated 17.10.1988 for 33 daily wagers working in Road and Building Department of Gujarat State.

Analysis:
The petitioner, representing 33 members, sought benefits from a Government Resolution dated 17.10.1988 for daily wagers in the Road and Building Department of Gujarat State. The 33 members had provided more than ten years of continuous service in the department as daily wagers. They claimed entitlement to benefits similar to those granted to daily wagers in other departments following a Supreme Court judgment. The State Government had not extended the benefits despite a dismissal of their review petition by the Supreme Court.

The State Government, represented by the AGP, agreed to examine the eligibility of the 33 members individually based on the Supreme Court judgment. The High Court noted that the case fell under the purview of the Supreme Court's directive in a similar matter involving the Forest and Environment Department. The Supreme Court had directed the State to provide benefits as per the 1988 Resolution to daily wagers working for more than five years. The State's review petitions against this decision were also dismissed by the Supreme Court.

Consequently, the High Court ordered the State to assess the eligibility of the 33 members individually and, if found eligible, to grant them benefits in line with the 1988 Resolution within four months. The petition was allowed, and the State was directed to comply with the Supreme Court's directions within the specified timeframe.