PWD EMPLOYEES UNION Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution has arisen from non-implementation of the earlier judgment and order dated 30.1.1996 of this Court in Special Civil Applications No.422 and 423 of 1983. Those petitions i.e. SCA Nos. 422 and 423 of 1983, espousing the cause of the daily rated employees employed in the Roads & Building Division of the State of Gujarat were heard along with the other petition being Special Civil Application No.3607 of 1982. The petitions were disposed with the direction that the benefits directed in the matter of Special Civil Application No.3607 of 1982 would also be made available to the employees concerned in the aforesaid two petitions. The directions in SCA No.3607 of 1982 to pay certain benefits to the workmen concerned therein were couched in the following terms:-

(2.) The petition is filed on the footing that in view of rendering long service to the respondents, the petitioners are entitled to treatment on par with other regular Government employees and on that basis the aforesaid prayers as also claim for other benefits, if any, are made. Para 3 of the additional affidavit of Shri B B Chaudhary dated 12th December, 1995, clarifies the other claims by making reference to the benefits of (i) LTC, (ii) Leave Encashment, (iii) Public Holidays, (iv) Travel Allowance, (v) Group Insurance (vi) Medical Allowance and (vii) Provident Fund. The claim for leave encashment, public holidays and provident fund as permissible under the relevant rules and resolution has already been dealt with. Mr Master states that the remaining other benefits, namely, LTC, Travel Allowance, Group Insurance and Medical Allowance are being made available to the earlier mentioned group of 108 employees. He states that the remaining employees will be satisfied if these benefits are made available to them from 1st January, 1995 onwards. This submission is reasonable enough and since there is no reason to discriminate between the two group of employees, the respondents will take necessary steps to give these benefits to the second group of employees from 1st January, 1995 as may be permissible under the relevant rules and resolutions.

(3.) The aforesaid order in Special Civil Application No.3607 of 1982 was carried in appeal being LPA No.353 of 1997 and upon dismissal of the LPA, SLP was preferred in the Hon'ble Supreme Court as Civil Appeal No.2226/98 which was also dismissed on 9.8.2000. Thereafter Review Petition No.622 of 2001 was filed by the State of Gujarat in the Hon'ble Supreme Court for recalling the order dated 9.8.2000 which was also rejected on 25.7.2001. Even thereafter, the workmen concerned of the Irrigation Department in Original SCA No.3607 of 1982 were required to file another petition being SCA No.7703 of 2002 before this Court for the purpose of implementation of the directions in SCA No.3607 of 1982. Similarly, the workmen of R & B department concerned in the present petition, had to file the present petition for the purpose of implementation of the aforesaid order made in SCA Nos.422 and 423 of 1983. Before filing the present petition, the petitioners had also moved the Court for contempt, in MCA No. 413 and 414 of 2001.