PWD EMPLOYEES UNION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned A.G.P. waives service for respondents No. 1 and 2. Service upon other respondents is dispensed with.

(2.) Relying upon written instructions dated 06.02.2010, learned A.G.P. submitted that fixation of wages of the petitioners in accordance with the Recommendations of 6th Pay Commission is under process (online). It was also stated that wages for February 2010 shall be paid according to the new fixation. Therefore, the question that remains is about payment of arrears of difference of salary with effect from 01.04.2009 and deposit of arrears due in respect of the earlier period from 01.01.2006 to 31.03.2009, which is required to be deposited in general provident fund in five equal yearly installments. It could not be gainsaid that the workmen concerned, represented by petitioner No.1-Union, are losing interest on account of the arrears being withheld without any plausible reason and apparently by way of discrimination insofar as other employees in other districts under the same department are already granted the benefits.

(3.) Under the circumstances, even as the petition was not pressed for any further direction and learned A.G.P., on instructions of Mr.Kishore Modi, who is present in the Court, made a statement that the arrears will also be paid within a period of eight months, it would be reasonable to direct the respondent to pay the arrears as aforesaid as early as practicable and with interest calculated @ 8% p.a., whether it is paid in cash for the preceding nine months or deposited in the G.P.F. account of respective employee, in the peculiar facts and circumstances of the case. The interest shall be calculated for the delayed payment with effect from 01.10.2009 till the date of payment. Rule is made absolute accordingly with no order as to costs.