Uniform Applicability of Benefits Across Departments: Gujarat High Court

Justice Hemant M. Prachchhak Reinforces 1988 Government Resolution for All Daily Wage Workers, Ensuring Fair Treatment

In a significant ruling, the Gujarat High Court, under the judgment delivered by Justice Hemant M. Prachchhak, upheld the rights of a daily wage worker, Dilipbhai Gopalbhai Bavaliya, affirming the applicability of the 1988 Government Resolution (G.R.) concerning benefits for daily wage employees across various government departments. The Court quashed the impugned order and recovery notice issued by the respondents, directing the appropriate revision of pay and payment of arrears to the petitioner.

Dilipbhai Gopalbhai Bavaliya, appointed as a daily wager on the post of Peon on October 11, 1985, had continuously rendered his services under the respondents. Despite fulfilling the criteria for benefits under the G.R. dated October 17, 1988, the petitioner faced the withdrawal of these benefits following an audit objection. Subsequent legal battles led to multiple appeals, with the petitioner seeking justice against the arbitrary and unjust actions of the respondents.

Justice Prachchhak emphasized that the 1988 G.R. is applicable to daily wage workers across all departments of the Gujarat government, not just limited to the Roads & Buildings Department. The court referred to the Supreme Court's decision in "State of Gujarat and Ors. vs. PWD Employees Union and Ors.," which reinforced this applicability.

The judgment highlighted previous decisions by the Gujarat High Court and the Supreme Court that have consistently upheld the rights of daily wage workers to receive benefits under the 1988 G.R. Justice Prachchhak noted the discriminatory practice of denying these benefits to the petitioner, despite similar workers in other departments receiving them.

The court criticized the respondents for failing to provide a fair hearing and for issuing recovery notices without proper justification. Justice Prachchhak underscored the importance of adhering to principles of natural justice and providing opportunities for representation before making such decisions.

"The Government Resolution dated 17.10.1988 is applicable to the daily wage workers in all departments of the State of Gujarat. Any action contrary to this principle is not only illegal but also discriminatory," observed Justice Prachchhak, underscoring the broader applicability of the resolution.

The judgment meticulously discussed the legal precedents and principles of equity, reinforcing the stance that government resolutions aimed at benefiting daily wage workers must be uniformly applied across all departments. The court reiterated that denying these benefits based on departmental affiliation is unjust and against established legal norms.

The Gujarat High Court's ruling in favor of Dilipbhai Gopalbhai Bavaliya sets a crucial precedent for the treatment of daily wage workers across the state. By reaffirming the applicability of the 1988 Government Resolution, the court has ensured that workers in similar positions receive equitable treatment, thereby strengthening the legal framework for labor rights in Gujarat. This landmark decision is expected to have far-reaching implications, promoting fairness and justice for daily wage employees across various government departments.

Date of Decision: May 9, 2024

Dilipbhai Gopalbhai Bavaliya vs. State of Gujarat & Ors.