LAWS(GJH)-2016-2-14

GUJARAT MAZDOOR SABHA Vs. STATE OF GUJARAT

Decided On February 04, 2016
GUJARAT MAZDOOR SABHA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Since the issues raised in the above captioned bunch of the writ applications are more or less the same, those were heard analogously and are being disposed of by this common judgment and order.

(2.) The following are the observations made by the Supreme Court, speaking through His Lordship Dipak Mishra, J., in a very recent pronouncement in the case of State of Jharkhand and another vs. Harihar Yadav and others [2014 (2) SCC 114]:

(3.) I am confronted with almost a similar situation wherein about more than 700 employees, working in the different departments of the State Government, have complained that they are in the work charged establishment past almost 30 years. Till this date, the authorities concerned have not taken any steps to put them on the temporary establishment. It is complained that as a result of such inaction on the part of the State Government, they have been deprived of the benefits which an employee otherwise derives working on the temporary establishment. Few of the petitioners have complained that although they have been absorbed in the temporary establishment, yet the same was at a very belated stage rather than absorbing them in the temporary establishment on completion of the five years of service in the work charged establishment, according to the policy of the State Government, as laid down in the circular dated 6th August, 1973.