Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court

The Gujarat High Court single bench of Justice Nikhil S. Kariel held that in accordance with Section 25B of the Industrial Disputes Act, daily-wage workmen who have completed a specific tenure are entitled to permanency. It further noted that once permanency is granted, these workmen are also entitled to additional benefits such as pensions and higher pay scales which are available for regularly appointed workmen. Thereby, the bench directed the Forest Department to assess the services of the aggrieved Workmen and grant them permanency upon receiving individual applications. Section 25B defines continuous service as uninterrupted work for benefits, allowing for interruptions due to sickness, leave, or other authorized reasons, with specific criteria for calculating continuous service periods. Brief Facts: The Workmen who were employed by the Forest Department (“Management”) raised several concerns such as the denial of benefits outlined in the Government Resolution dated 17.10.1988. Despite their prolonged tenure as daily wage workers, the Management failed to accord them the entitlements stipulated in the resolution. Feeling aggrieved, the Workmen approached the Gujarat High Court (“High Court”), for relief. The Workmen argued that they were currently being remunerated at a rate significantly lower than what they rightfully deserve, had the Management implemented the benefits of Government Resolutions dated 17.10.1988, 15.09.2014, and 06.04.2016. They emphasized that many of them had completed the requisite duration of service for potential regularization and the ensuing benefits. Observations by the High Court: The High Court referred to the case of State of Gujarat vs PWD and Forest and Employees' Union [(2019) 15 SCC 248], where the SC held that upon completion of a specific tenure, particularly in accordance with Section 25B of the Industrial Disputes Act, employees initially engaged on a daily-wage basis are entitled to permanency. Additionally, the SC underscored that upon attaining permanency, such employees should be treated on equal footing with regularly appointed employees, thereby emphasizing the principle of parity. Further, the High Court in State of Gujarat and Anr. vs Mahendrakumar Bhagvandas & Another [(2011) 2 GLR 1290] held that employees granted permanency are entitled to additional benefits such as pension and higher pay scales. Therefore, the High Court held that employees who meet the requisite tenure for permanency are entitled to have their service counted as continuous for pension entitlements. The High Court held that daily wage workers upon regularization, should be given equal treatment and additional benefits upon achieving permanency. Therefore, the High Court issued the following directives: (i) Each Workman was instructed to submit an individual representation to the respective Range Forest Officer within three weeks. A comprehensive representation, containing all relevant facts specific to each workman, must be provided, with a copy sent to the Deputy Conservator of Forest of the respective Range. (ii) The Range Forest Officer concerned, in consultation with the Deputy Conservator of Forest, and if necessary, the Principal Chief Conservator of Forest, was tasked with deciding the representations of the Workmen within eight weeks from the date of receipt. (iii) Any appropriate consequential benefits owed to the Workmen must be disbursed within four weeks following the decision. (iv) Should the Workmen find themselves aggrieved by the decision rendered by the Management, either in whole or in part, they retain the right to challenge such decision before the appropriate forum in accordance with the law. Case Title:Manilal Manglaji Zariya & Ors. vs State Of Gujarat & Ors.LL Citation: 2024 LiveLaw (Guj) 57 Case Number: R/Special Civil Application No. 6844 of 2024 Advocate for the Petitioner: Nirav V Parghi Advocate for the Respondent: Ms Nidhi Vyas, AGPClick Here To Read/Download order

Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court

Rajesh Kumar

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