LexSTATE OF GUJARAT & ORS. versus PWD EMPLOYEES UNION & ORS. ETC
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[2013] 10 S.C.R. 1091 STATE OF GUJARAT & ORS. V. PWD EMPLOYEES UNION & ORS. ETC. (Civil Appeal Nos. 5321-5322 of 2013) JULY 9, 2013 [T.S. i:HAKUR AND SUDHANSU JYOTI MUKHOPADHAYA, JJ.] A B Labour Law - Regularisation - Labour and other Unions made representation to the State Government making C demands and issues relating to daily wage workers of different departments of the State Government - Committee constituted by the State Government under the Chairmanship of Minister of Road and Building Department - Committee made recommendations favouring regularisation - D Recommendations of the Committee accepted and accordingly the State Government resolved to provide benefits of regularization scheme contained in Resolutioh dated 17th October, 1988 - Dispute over applicability of Resolution dated 17th October, 1988 - Held: Resolution dated E 17th October, 1988 not limited to any particular department, and applied to all departments including Road and Building, Forest and Environment Department, Water Resources Department, etc. and to all daily wage workers including semi- skilled workers performing any nature of job, working in F different departments of the State including the daily wage workers of the Forest Department performing work other than building maintenance and repairing work - However, as per scheme contained in Resolution dated 17th October, 1988, all daily wage workers not entitled for regularization or G permanency in the services - Direction issued for grant of benefit of Resolution dated 17th October, 1988 to eligible daily wage workers of the Forest and Environment Department working for more than 5 years including those performing work 1091 H 1092 SUPREME COURT REPORTS [2013) 10 S.C.R. A other than building maintenance and repairing w. e. f 29th October, 2010 or subsequent date from which they are so eligible - Industrial Disputes Act, 1947 - s.258. The questions which arose for consideration in the 8 instant appeals were: 1) Whether the daily wage workers of Forest and Environment Department working for 5 to 30 years for works other than building and maintenance and repairing work were entitled to derive benefits of Jhe regularization scheme as contained in the Resolution dated 17th October, 1988 issued by the State from Road C and Building Department; and (2) If so, whether the members of the respondent-employees Union working on daily wages for more than 5 to 30 years in the Forest and Environment Department of the State will be entitled for similar benefits of the scheme contained in the D Resolution dated 17th October, 1988. Disposing of the appeals, the Court HELD: 1.1. From a bare reading of the Resolution E dated 17th October, 1988, the following facts emerge: (a) Labour and other Unions made representation to the Government making demands and issues relating to daily wage workers of different departments of the Government. (b) The State Government constituted a committee under F the Chairmanship, Minister of Road and Building Department. (c) The Committee was constituted for studying (i) the wages of daily wage workers; and (ii) work related services and facilities provided to the daily wage workers who are engaged in the building maintenance and repairing work in different departments of the State. (d) G The recommendations of the Committee were accepted and accordingly the State Government resolved to provide the benefits of the scheme contained in the Resolution 17th October, 1988. [Para 19) [1108-B-G] H 1.2. The daily wage workers who were engaged in STATE OF GUJARAT v. PWD EMPLOYEES UNION &1093 ORS. ETC. building maintenance and repairing work in different A departments were already entitled for their work related facilities. Therefore, the Committee has not limited the recommendation to the daily wage workers working in building maintenance and repairing work in different departments of the State. The State Government vide its B Resolution dated 17th October, 1988 has not limited it to the daily wage workers working in building maintenance and repairing work. The Resolution dated 17th October, 1988 is applicable to all the daily wage workers working in different departments of the State including Forest and c Environment Department performing any nature of job including the work other than building maintenance and repairing work. [Para 20] [1108-G-H; 1109-A-B] 1.3. The Resolution of the State Go
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