PWD EMPLOYEES UNION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) .Heard learned advocate Mr.Shalin Mehta for the appellant. Learned Advocate General Mr.S.N.Shelat is appearing for the Respondents State of Gujarat. In this appeal, order made by the learned Single Judge (Coram : Jayant Patel,J.) in Miscellaneous Civil Application No. 2239 of 2003 in Special Civil Application No. 7703 of 2002 dated February 25, 2004 is under challenge. --------------------------------------------------------- Whether reporters of Local Papers may be allowed to see the Judgment?Lo al Papers may be allowed to see the Judgment?Local Papers may be allowed to s e the Judgment?Local Papers may be allowed to see the Judgment?Local Papers ay be allowed to see the Judgment?Local Papers may be allowed to see the Judg ent?Local Papers may be allowed to see the Judgment?Local Papers may be allo ed to see the Judgment?Local Papers may be allowed to see the Judgment?Local Papers may be allowed to see the Judgment?Local Papers may be allowed to see he Judgment?Local Papers may be allowed to see the Judgment?Local Papers may be allowed to see the Judgment?Local Papers may be allowed to see the Judgmen ?Local Papers may be allowed to see the Judgment?Local Papers may be allowed to see the Judgment?Local Papers may be allowed to see the Judgment?Local Pa ers may be allowed to see the Judgment?Local Papers may be allowed to see the Judgment?Local Papers may be allowed to see the Judgment?Local Papers may be allowed to see the Judg

(2.) .The learned Single Judge has modified his earlier order dated 7th February, 2003 in Special Civil Application No. 7703 of 2002 to the extent that in place of the amount of Rs.2,11,86,306.00, the amount which is required to be disbursed at this stage would be Rs.1,36,29,094.00. Alongwith aforesaid modification, the learned Single Judge has also issued further directions and has disposed of the application filed by the State of Gujarat and the rule was made absolute to that extent indicated in the said order. Said Misc. Civil Application No. 2239 of 2003 was filed by the State of Gujarat in December, 2003 with a prayer in terms of para 7(b) to modify the order dated 7.2.2003 to the extent of modifying the figure of Rs.2,11,86,306.00 to Rs.1,36,29,094.00 and consequently a direction given under para 3 of the order dated 7.2.2003. Except that, no other prayers were sought by the applicant State of Gujarat. Alongwith the Letters Patent Appeal, order in question dated February 25, 2004, oral judgment dated January 30, 1996 in Special Civil Application No. 3607 of 1982, Circular dated March 31, 1982, copy of the order dated November 7, 2003 in Misc. Civil Application No. 1615 of 2003, copy of the affidavit in reply against the review application filed by the appellant and other relevant orders have been annexed by the appellant. The respondent State of Gujarat has filed affidavit dated July 7, 2004 in this appeal which is made by Mr. A.G.Shaikh, Deputy Secretary, Narmada Water Resources Water Supply and Kalpasar Department, Sachivalaya, Gandhinagar on behalf of the State of Gujarat.

(3.) .This appeal is having little long history and,therefore, factual back ground is necessary. Same is narrated as under, in short: In August, 1982, the appellant No.1 Union alongwith six daily wagers engaged in the maintenance works of the Ukai Dam Project filed special civil application no. 3607 of 1982 against the respondents herein in a representative capacity for and on behalf of 746 daily rated employees doing maintenance works at the Ukai Dam site. As per prayer (a), a mandamus was prayed for directing the respondents to give these 746 daily rated employees all the benefits viz. gratuity, pension, provident fund, casual leave, earned leave, sick leave and scales and grade etc. that were being given to the other permanent, temporary and work charged employees. As per para (b) of the prayer clause, a writ of mandamus was sought for directing the respondents to give to these 746 daily rated employees the benefits as per the Resolution dated 7.7.73 which is about Public Holidays and medical allowance to the daily rated workmen of nominal muster roll and as per the resolution dated 4.7.73 which is about work charge benefits and other incidental benefits at par with the Government servants. On January 30, 1996, said Special Civil application was disposed of by this Court with directions in favour of the daily rated employees for payment of various benefits like arrears of annual earned leave, pension , gratuity, provident fund, public holidays and weekly off, leave travel concession, travelling allowance, group insurance, medical allowance, etc. Directions to pay the aforesaid benefits are contained in paragraphs 6, 7, 8 and 9 of the judgment and order dated January 30, 1996 in Special Civil Application No. 3607 of 1982. Said judgment dated 30th January, 1996 was challenged by the present respondents before the Division Bench of this Court by filing Letters Patent Appeal No. 353 of 1997. On 22.4.1997, said Letters Patent Appeal No. 353 of 1997 was dismissed. While dismissing the said appeal, it was observed by the Division Bench of this court in para 8 of the judgment that in view of what is observed by the apex court, the learned Single Judge has rightly given the directions to the concerned respondents to grant benefit from 1st January, 1995 onwards as may be permissible under the relevant rules and resolutions. It was also observed that if it was a case that the benefit is required to be extended from retrospective effect i.e. from the date of their joining service, the matter would have been different. IN the instant case, the persons have been working for more than 14 years, and, therefore, they were only requesting that they may be extended the same benefit which are being extended to others. If the State had taken care by examining the records as observed by the apex court and thereafter, placed before the court, the necessary materials to indicate as to how may persons are entitled to the benefit and how many are not entitled to the benefit, the matter would have been different. Learned counsel for the State could not point out whether the State has carried out this exercise or not. After making the aforesaid observations as per para 8 of the oral judgment, said letters patent appeal against the oral judgment dated 30th January,1996 was dismissed by the Division bench of this Court. Thereafter, the said oral judgment dated January 30, 1996 as confirmed by the Division Bench of this Court in Letters Patent Appeal No. 353 of 1997 by order dated April 22, 1997 was challenged by the State of Gujarat before the Hon'ble Supreme Court by filing Civil Appeal No. 2226 of 1998 which came to be dismissed by the apex court on 9.8.2000. Initially apex court granted interim stay of the directions issued against the State in final judgment and order dated January 30, 1996. Thus, the judgment dated January 30, 1996 confirmed by the Division Bench of this Court in LPA No. 353 of 1997 was confirmed by the apex court on 9.8.2000. Review petition No. 622 of 2001 filed by the State of Gujarat before the apex court for recalling and/or review the order dated 9.8.2000 in Civil Appeal No. 2226 of 1998 came to be rejected by the apex court on 25.7.2001. Thereafter, since the judgment dated January 30, 1996 was not implemented by the State of Gujarat, the present appellants filed Miscellaneous Civil Application No. 168 of 2001 before this Court under Article 215 of the Constitution of India and under section 10 of the Contempt of Courts Act, 1971 for initiating contempt proceedings against the officers of the State of Gujarat for not implementing the final judgment and order dated January 30, 1996 wherein affidavit in reply was filed by the Executive Engineer, Ukai Division No.1. On July 20, 2002, one letter was addressed by the appellant Union to the respondent No.2 to comply with the directions issued by this Court by judgment dated January 30, 1996. Similar request was made by the appellant union by letter dated July 25, 2002 to the Deputy Secretary of the respondents. Thereafter, the appellant union filed Special Civil Application No. 7703 of 2002 with a prayer to implement the directions issued by this Court dated January 30, 1996 in Special Civil Application No. 3607 of 1982. Thereafter, on 3.2.2003, as a measure of compliance, an order was passed by the Finance Department of the State of Gujarat sanctioning an amount of Rs.2,11,86,306.00 for payment to the members of the appellant no.1 union and the said order was placed on record of special civil application no. 7703 of 2002. Thereafter, said special civil application no. 7703 of 2002 was disposed of by the learned Single Judge of this Court on 7.2.2003 with the following directions :