FOREST EMPLOYEES UNION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned senior advocate Mr.Shalin Mehta with learned advocate Ms.Vidhi Bhatt for the petitioners and learned Assistant Government Pleader Mr.Manan Mehta for the respondent - State and its authorities.

(2.) It is to seek the following prayers that the present petition is filed by the petitioners, amongst whom the first petitioner is PWD and Forest Employees Union whereas petitioner Nos.2 to 5 are the individual employees working under the Forest Department, who started their services as daily- wagers.

(3.) As the petition survives for rest of the prayers, the facts of individual petitioners may be noticed. Petitioner Nos.2 to 5 joined their services in the Nursery under the Forest Department in the Vyara Forest Division on 01st January, 1988, 01st October, 1974, 01st January, 1975 and 01st January, 1974 respectively. The petitioners put in 16 years, 30 years, 29 years and 30 years respectively of their service before the services of all came to be terminated with effect from 01st August, 2003. Having been terminated from 01st August, 2003, all the petitioners were taken back in service by the authorities on 05th May, 2012. Services of the petitioners were again terminated. Service of petitioner Nos.2 and 3 were terminated on 01st December, 2016, that of petitioner No.4 with effect from 01st April, 2016 and service of petitioner No.5 stood terminated from 01st May, 2016. 3.1 It is the case of the petitioners that during the service tenure they were getting wages as per the Minimum Wages Act, however no other benefits such as casual leave, earned leave or medical leave, public holidays, etc. were given to them. Their grievance is that though the State Government Resolution dated 17th October, 1988 which was made applicable to all the departments of the State Government, benefits therein were not extended to them. It was submitted that subsequently in respect of the Forest Department employees, department passed another Resolution dated 15th September, 2014.