JETHUBHA HARISINGH GADHVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are working as casual labourers with the respondent-Forest Department. They claim that they are being denied the minimum of the time-scale of pay of their respective cadre of Class-IV employees. The petitioners, therefore, rely on a decision in the case of Dhirendra Chamoli vs. State of UP & Ors., 1986 (1) SCC 638, and make the following prayers:- (A) Your Lordship be pleased to issue an order, direction writ in the nature of mandamus, and/or certiorari or any other appropriate writ, order or direction declaring to consider the petitioners employees at Annex. 'C' as regular Class IV employees from their initial date of appointment in their respective cadre, and further direct to extend the benefits of equal pay for equal work to the petitioners from initial date of appointment as directed in case of 1986 (1) SCC 637 . (B) Be pleased to direct the respondents to pay arrears of wages and dues of other benefits including Bonus to the petitioners employees at Annexure C with 18% interest, considering them regular employees from initial date of appointment, and also on the ground of equal pay for equal work. (C) Be pleased to declare that the practice adopted by the respondents to continue the petitioner employees as daily rated and to deprive them of the benefits and status of regular employees and to deprive them of the benefits of equal pay for equal work, is unconstitutional and arbitrary. (D) Pending admission and final disposal of the petition be pleased to restrain the respondents from terminating, discharging and/or discontinuing the services of employees mentioned at Annexure 'C' and further direct to pay them minimum of the time scale of pay with all allowances as payable to the regular class IV employees of their respective cadre. (E) Pending admission and final disposal of the petition, be pleased to direct the respondents to extend the benefits of Government Resolution dated 17.10.88 to the employees mentioned at Annexure 'C' to this petition. (E/1)Be pleased to declare that the petitioners are illegally denied the benefits of award of Industrial Tribunal in Ref. (IT) 386/1988 and the benefits of settlement dated 1.10.1988 by the respondents and direct respondents to extend the said benefits to the petitioners from retrospective date and pay all arrears to the petitioners with 18% interest. (F) Any other relief to which the Hon'ble Court deems fit and proper in interest of justice together with cost.

(2.) Heard learned advocate Mr Pathak for the petitioners and learned AGP Mr Raval for the respondents.

(3.) Mr Pathak submitted that the case of the petitioners is that they are similarly situated to a large number of daily wagers, who were extended the benefit of the award of Industrial Tribunal and G.R. dated 17.10.1988. The petitioners, therefore, claim the same benefits.