VINUBHAI RAMJIBHAI MISARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . This Letters Patent Appeal is directed against the order dated 20.9.99 passed by the learned single Judge on the ground that the petition suffers from the vice of misjoinder of parties as independent rights of more than one petitioners have been joined together by giving consolidated facts.

(2.) The Special Civil Application was filed by 6 petitioners in all claiming that they joined the service of the Company - respondent No.3, namely, Gujarat Communications and Electronics Ltd. during the years 1990 to 1992 and were confirmed after two years during the years 1992 to 1994 respectively.

(3.) They were working in the Company as Jobbers in the nature of Class IV employees doing all types of work including that of loading and unloading.Their services were also used for the purpose of issuing telephone instruments from the stores and sign store requisition. They claim that in fact they were working as helpers but instead of calling them helpers, they have been called as jobbers. At Gandhinagar instead of helpers the word used is jobbers whereas at Vadodara the same work is performed by those, who are known as helpers. It was also claimed that while the Company - Respondent No.3 is an undertaking of respondent No.1 i.e.State of Gujarat, the entire capital investment is that of the State of Gujarat and the Managing Director and Chairman and other Officers are also appointed by the State of Gujarat. All the petitioners claim that they belong to SC and ST. On account of privitisation of many of the Government Undertakings - respondent No.3 Company was considered for privatisation and the grievance was raised that despite the Government absorbing all other employes of the Company in other Departments under the State of Gujarat, these six petitioners were the only employees who were facing threat of being rendered unemployed. It was also the case of the petitioners that there were about 160 employees at the Gandhinagar Unit of the respondent No.3 - company. On 31.12.98 about 80 employees were absorbed in other Departments as per the request of the respective employees. Thereafter, few others also either sought voluntary retirement or were absorbed by other Departments of the Government and about 50 employees were still working with the respondent No.3 Company. With the Special Civil Application they placed on record a copy of the order dated 29.12.98 giving a list of about 40 employees who were being absorbed in other Departments but they faced the threat of termination. They have further stated that they joined the service as trainee with the stipend of Rs.500.00P.M. and in the second year, they were given stipend of Rs.650.00-, after which they were confirmed as permanent jobbers. The amount received by them was then reduced from Rs.650.00- to Rs.550.00as basic salary and they were orally told by the Management of the respondent No.3 Company that there are difficulties in their absorption because they were being paid lower than the minimum wages paid to the Government employees i.e. Rs.750.00- per month as basic pay. It is the case of the appellant that after 5th Pay Commission recommendations, the basic pay had been revised from Rs.550.00- to Rs.2200.00- and from Rs.750.00to Rs.2550.00and they were the only 6 persons, who could not be absorbed. The prayer was made in the Special Civil Application for their absorption in any of the Department of the State Government at the minimum pay scale prevailing in the government employment.