TaxTMI 
TaxTMI 
2014 (12) TMI 1427
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....petitioner, on behalf of its 33 members, inter alia, prayed to grant them benefits flowing from the Government Resolution dated 17.10.1988. 3. The 33 members of the petitioner are working in the Road and Building Department of the State of Gujarat as daily wagers since many years. The individual details of the services rendered by the 33 members of the petitioner are given in the document at Annexure-B at running page Nos. 19 and 20 to the petition. The said 33 members of the petitioner have put in more than ten years of service in the Road and Building Department as daily wagers and have rendered continuous and uninterrupted service. 4. The 33 members of the petitioner assert that similarly situated daily wagers have been granted benefit....
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....d counsel appearing for the respective parties and considered the material on record. The petition is squarely covered by the judgment of the Supreme Court in State of Gujarat and others Vs. PWD Employees Union (supra). The relevant paragraphs of the judgment are quoted hereinbelow: "25. As per scheme contained in Resolution dated 17th October, 1988 all the daily wage members were not entitled for regularization or permanency in the services. As per the said Resolution the daily wagers are entitled to the following benefits: (i) They are entitled to daily wages as per the prevailing Daily Wages. If there is presence of more than 240 days in first year, daily wagers are eligible for paid Sunday, medical allowance and national festival ho....
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.... semi skilled who have completed more than 15 years of their service will get one increment, two increments for 20 years service and three increments for 25 years in the current pay scale of skilled members and their salary will be fixed accordingly. 26. Considering, the facts and circumstances of the case, the finding of Gujarat High Court dated 29th October, 2010 in SCA No. 8647/2008 and connected matters and the fact that the said judgment is binding between the parties, we are of the view that the appellants should be directed to grant the benefit of the scheme as contained in the Resolution dated 17th October, 1988 to all the daily wage members of the Forest and Environment Department working for more than five years, providing them ....