PWD EMPLOYEES UNION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.D.M.Devnani, learned Assistant Government Pleader, waives service of notice of Rule on behalf of the respondents. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) BY preferring this petition under Article226 of the Constitution of India, the petitioners, inter alia, pray that petitioner No.2 may be conferred the benefits flowing from the Government Resolution dated 17.10.1988, issued by the Road and Building Department, Government of Gujarat.

(3.) BRIEFLY stated, the facts of the case are that petitioner No.2 is working on dailywage basis as a Sweeper in the Botanical Graden, Waghai, in the Forest and Environment Department for the last over five years. The services of petitioner No.2 are continuous in nature. Hence, she is entitled to the benefits of the Government Resolution dated 17.10.1988. The petitioners assert that similarly situated dailywagers had earlier filed petitions seeking the benefits of the Government Resolution dated 17.10.1988, and such benefits have been extended to them by several orders of this Court. The matters have even reached the Supreme Court and by the judgment in State of Gujarat and others v. PWD Employees Union, 2013 8 Scale 579, the Supreme Court has upheld the orders of this Court and directed the State Government to grant the benefits of the Scheme, as contained in the Government Resolution dated 17.10.1988, to all the daily wage workers of the Forest and Environment Department, and other Departments of the State Government, who have been working for more than five years. It is the case of the petitioners that petitioner No.2 is squarely covered by the abovementioned judgment of the Supreme Court, therefore, the benefits of the Government Resolution dated 17.10.1988, ought to be extended to her, as well.