CHANDUBHAI ISHWARBHAI KOLI Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) Chandubhai Ishwerbhai koli and other petitioners have filed this petition praying for a writ of mandamus or any other appropriate writ direction or orders quashing and setting aside the order dated 8-1-2001 at Annexure E to respondents to continue the benefits under GR dated 4th July 1973 by continuing the order dated 28-12-1999 at Annexure D to the petition.

(2.) The facts leading to the present petition are as under :

(3.) The learned council for the petitioners has invited my attention to the judgement and order of this Court (Coram: A.R.Dave-J) dated 1-3-2001 in Special Civil Application No. 5248 of 2000 and Special Civil Applications Nos 889 to 93G of 2001. (in the case of GUJARAT RAJYA JAHER BANDHKAM MAJOOR MANDAL VS. STATE OF GUJARAT.) In that case the learned Government Pleader for the respondent Government has contested the interpretation of Government resolution. The learned Government pleader has stated that the Government Resolution has to be interpreted as per the language used in the said Resolution and interpretation of the said Resolution is not dependent upon a particular officer. The learned Government Pleader further submitted that the workmen who have been appointed as work charged workmen have not been reverted to the post of daily wagers till today and as complete information has not been received by the Government, no action with regard to reversion of the petitioners has been taken by the Government Pleader that if any condition of the agreement has not been complied with the petitioners should take appropriate action under the provisions of Industrial Disputes Act, 1947 as an equally efficacious alternative remedy is available to the petitioners. In that case, this Court has come to the following conclusion in paras 9 and 10 :