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SCA/5368/1998 1/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5368 of 1998
With
SPECIAL
CIVIL APPLICATION No. 3876 of 1992
For
Approval and Signature:
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
==============================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
==============================================================
JIVABHAI
BARALBHAI & 4 – Petitioner(s)
Versus
STATE
OF GUJARAT & 2 – Respondent(s)
==============================================================
Appearance
:
MR
PS CHAMPANERI for
Petitioner(s) : 1 – 5.
Ms.Rita Chandarana, AGP for Respondent(s) :
1 –
3.
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 25/10/2005
COMMON
CAV JUDGMENT
Since
these petitions involve the common question, the same are being
disposed of by this common judgment.
By
filing these petitions, the petitioners have prayed to issue
appropriate writ, order or direction directing the respondents to
extend the benefits of the Government Resolution dated 17.10.1988 to
the petitioners from retrospective effect with 18% interest and also
to regularise the service of the petitioners in light of the
Government Resolution dated 17.10.1988 and to grant all
consequential benefits.
It
is submitted by the learned advocate appearing for the petitioners
that the petitioners are working as daily rated employees and the
petitioners are entitled to the benefits of the Government
Resolution dated 17.10.1988.
On
the other-hand, it is submitted by the learned AGP appearing for the
respondents that the resolution dated 17.10.1988 was made applicable
to the daily wagers who are working for maintenance and repairs of
construction in various departments of the Government including the
Forest Department and, therefore, the same benefits should not be
extended to the petitioners herein also.
It
is also brought to the notice of this Court that the issue involved
in this petition has been decided by Full Bench of this court in the
case of Gujarat Forest Producers, Gatherers and Forests Workers
Union V/s State of Gujarat, reported in 2004(2) GLH 302. In the said
decision, this Court has held that the Government Resolution dated
17.10.1988 is applicable to the daily wagers of the Forest and
Environment Department engaged in the work of maintenance and
repairs of constructions in that department and not to the daily
wagers engaged in any other types of work in that department.
In
the present case, as submitted by the learned AGP that the
petitioners are not working as daily wagers engaged in the work
of maintenance and repairs of construction. Since the Government
Resolution dated 17.10.1988 is not applicable to the case of the
petitioners, the grievance raised by the petitioners in these
petitions cannot be entertained.
Under
the circumstances, I do not find any substance in these petitions
and therefore, the same deserve to be dismissed. Accordingly, these
petitions are dismissed. Rule is discharged. Interim relief, if any,
granted earlier stands vacated.
(
SHARAD D DAVE, J )
pathan
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