HAMIDKHA DILAWAKHA KHOKHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ONE, Hamidkha Dilayarkha Khokhar with 'Gujarat Rajya Sarkari Rojamdar Kamdar Karmschari -Mandal' approached this Court for a direction to the respondents to consider the petitioner-employees whose names are set out at Annexure 'A', 13 in number including petitioner No.1, as regular Class IV employees from the initial date of appointment in the respective cadres. It was also prayed that the respondents be directed to extend benefits on the principle of equal pay for equal work from the date of appointment. The petitioners had also prayed for a direction to the respondents to pay arrears of wages and other benefits including bonus to the petitioner-employees (whose names appear at Annexure 'A') with 18%. interest. The petitioners have also prayed by way of interim relief that the respondents be restrained from terminating the services of the petitioners and direct the respondents to extend benefits of Government Resolution dated 17.10.1988 to them. Though it is 1998 petition and is being heard in 2005, when it is called out learned advocate for the petitioners is not present. Mr.Pancholi, learned Assistant Government Pleader submitted that the question of applicability of Government Resolution dated 17.10.1988 to the workmen like the present petitioners was considered by Full Bench of this Court in the matter of GUJARAT FOREST PRODUCE, GATHERERS and FOREST, WORKERS UNION V/S. STATS OF GUJARAT, REPORTED IN 2004 (2) GLR 1488. The learned Assistant Government Pleader invited attention of the Court to paras 30, 30.4, 30.5 and 30.6 of the said Judgment. For ready perusal said paras are reproduced hereunder:

(2.) LOOKING to the facts of the case and taking into consideration the fact that the petitioners have claimed to have been working with the Department for quite long, it is deemed fit that the respondents be directed to consider the case of the petitioners in light of the facts of each individual workman and decide the same by a speaking order. The respondents are directed to consider-the case of the workmen whose names appear at Annexure 'A' to this petition and decide their grievance by a speaking order individually within three months from the date of receipt of this Judgement. With the aforesaid directions the petition is dismissed with no order as to costs. Rule is discharged.