contempt proceedings=daily wagers= Under certain circumstances, namely, on completion of specified number of years of service on daily wage basis, these daily wage workers are entitled to become permanent.On attaining the status of permanency/regular employees, they become at par with those employees who were appointed on permanent basis from beginning, after undergoing the proper selection procedure on proving their merit. These daily wagers cannot be given the pay scales which are even better than the pay scales given to regularly appointed employees.; all those daily wagers who become entitled to get the status of regular/permanent employees before April 01, 2005 has to be given the benefit of GPF. To put it otherwise, April 01, 2005 would be treated as cut-off date. All those persons who would be entitled to regularisation/permanent status prior to April 01, 2005 shall be given the benefit of earlier scheme i.e. GPF. However, those who attain this status after April 01, 2005 shall be governed by CPF Scheme/NPS.; The respondents workers who have been working on daily wage basis cannot be given casual leave which is more than the entitlement extended to regular Government employees. We accept the plea of the appellant that GR dated October 17, 1988 which provides for 14 days casual leave including 2 days of voluntary/optional leave is the result of inadvertent transaction error. Even otherwise, as pointed out above, the casual leave for daily wagers cannot be more than the regular Government employees. We, therefore, hold that the respondents employees shall be entitled to 12 days of casual leave and 2 days of voluntary leave/restricted leave


Hon’ble Mr. Justice Arjan Kumar Sikri

NON REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 1684-1686 OF 2019
(ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 5028-5030 OF 2019)
ARISING OUT OF DIARY NO. 43592 OF 2018)
THE STATE OF GUJARAT …..APPELLANT(S)
VERSUS
PWD AND FOREST EMPLOYEES UNION
& ORS. …..RESPONDENT(S)
W I T H
CIVIL APPEAL NOs. 1687-1689 of 2019
(ARISING OUT OF SPECIAL LEAVE PETITION (C) NOs. 5031-5033 OF 2019)
ARISING OUT OF DIARY NO. 36182 OF 2018)
J U D G M E N T
A.K.SIKRI, J.
Leave granted.

  1. In these appeals filed by the State of Gujarat, challenge is laid to
    the common judgment dated June 14, 2018 passed by the High
    Court of Gujarat in contempt proceedings which were initiated by
    the respondents herein. To mention here, in nutshell, the
    appellant Government had passed Resolution dated October 17,
    1988 whereby certain benefits were given to its daily wage
    Civil Appeal No. of 2019 & Anr. Page 1 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    workers, who have been working for number of years. The
    respondent Union, which represent those workers, had
    approached the High Court for direction to extend those benefits
    contained in Government Resolution (GR) dated October 17,
  2. Since this GR dated October 17, 1988 was not extended
    to the Forest Department of the appellant, to which Department
    the respondents belong, the respondents had filed writ petition in
    the High Court seeking extension of GR dated October 17, 1988
    in respect of Forest Department as well. This writ petition was
    allowed by the single Judge of the High Court vide order dated
    March 21, 1997. Letter Patents Appeal (LPA) was preferred
    against the said judgment which was dismissed by the Division
    Bench of the High Court on April 29, 2003. Special Leave
    Petition (SLP) thereagainst was also dismissed by this Court on
    November 29, 2004.
  3. Thereafter, appellant passed another GR dated March 24, 2006
    in respect of Road and Building Department for determining
    pensionable service in cases of daily wagers having attained
    permanency on account of application of GR dated October 17,
  4. However, this representation was dismissed by the
    appellant on May 3, 2008. Respondents again approached the
    Civil Appeal No. of 2019 & Anr. Page 2 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    High Court against the dismissal of the said representation which
    was decided by the High Court on October 29, 2010. By means
    of said order, High Court directed the Forest and Environment
    Department of the appellant to consider the case of the daily
    wagers of the respondent union for regularisation/conferring
    permanent status, afresh and also to consider framing of a
    scheme for giving quasi permanent status to such workers at par
    with the scheme for daily wagers in other Departments. This was
    followed by another order dated August 25, 2011 passed in
    Miscellaneous Civil Application whereby High Court directed the
    appellant to frame a scheme for giving quasi permanent status to
    daily wagers in compliance with its earlier judgment dated
    October 29, 2010. LPA against this judgment was dismissed by
    the High Court on February 28, 2012. The appellant challenged
    the order in LPA by preferring SLP in this Court. Leave was
    granted and ultimately appeal was heard and decided on July 9,
    2013 which is reported as State of Gujarat & Ors. v. PWD
    Employees Union & Ors.1
    . In this judgment, this Court inter alia
    gave the following directions:
    “28. Thus, the principal question that falls to be
    considered in these appeals is: whether in the facts and
    circumstances it will be desirable for the Court to direct the
    appellants to straightaway regularise the services of all the
    daily-wage workers working for more than five years or the
    1 (2013) 12 SCC 417
    Civil Appeal No. of 2019 & Anr. Page 3 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    daily-wage workers working for more than five years are
    entitled for some other relief?
  5. As per the scheme contained in the Resolution dated
    17-10-1988 all the daily-wage workers were not entitled for
    regularisation 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 holidays.
    (ii) Daily wagers and semi-skilled workers who have
    service of more than five years and less than 10
    years are entitled for fixed monthly salary along with
    dearness allowance as per prevailing standard, for
    his working days. Such daily wagers will get two
    optional leaves in addition to 14 miscellaneous
    leaves, Sunday leave and national festival holidays.
    Such daily wagers will also be eligible for getting
    medical allowance and deduction of provident fund.
    (iii) Daily wagers and semi-skilled workers who have
    service of more than ten years but less than 15 years
    are entitled to get minimum pay scale on a par with
    skilled workers along with dearness allowance as per
    prevailing standard, for his working days. Moreover,
    such daily wagers will get two optional leaves in
    addition to 14 miscellaneous leaves, Sunday leave
    and national festival holidays. He/She will be eligible
    for getting medical allowance and deduction of
    provident fund.
    (iv) Daily wagers and semi-skilled workers who have
    service of more than 15 years will be considered as
    permanent worker and such semi-skilled workers will
    get current pay scale of skilled worker along with
    dearness allowance, local city allowance and house
    rent allowance. They will get the benefit as per the
    prevailing rules of gratuity, retired (sic retiral) salary,
    general provident fund. Moreover, they will get two
    optional leaves in addition to 14 miscellaneous
    leaves, 30 days’ earned leave, 20 days’ half-pay
    leave, Sunday leave and national festival holidays.
    Civil Appeal No. of 2019 & Anr. Page 4 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    The daily-wage workers and semi-skilled workers
    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 workers and their
    salary will be fixed accordingly.”
  6. Considering the facts and circumstances of the case,
    the finding of the Gujarat High Court dated 29-10-2010 in
    PWD Employees Union v. State of Gujarat [PWD
    Employees Union v. State of Gujarat, Special Civil
    Application No. 8647 of 2008, order dated 29-10-2010
    (Guj)] 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
    17-10-1988 to all the daily-wage workers of the Forest and
    Environment Department working for more than five years,
    providing them the benefits as per our finding at para 29
    above. The appellants are directed accordingly. The
    judgment and order passed by the learned Single Judge
    dated 29-10-2010 [PWD Employees Union v. State of
    Gujarat, Special Civil Application No. 8647 of 2008, order
    dated 29-10-2010 (Guj)] as affirmed by the Division Bench
    by its order dated 28-2-2012 [State of Gujarat v. PWD
    Employees Union, LPA No. 1754 of 2011 in Misc. Civil
    Application No. 17 of 2011, decided on 28-2-2012 (Guj)]
    stands modified to the extent above. The benefit should be
    granted to the eligible daily-wage workers of the Forest
    and Environment Department working for more than five
    years including those who are performing work other than
    building maintenance and repairing but they will be entitled
    for the consequential benefits w.e.f. 29-10-2010 or
    subsequent date from which they are so eligible within four
    months from the date of receipt/production of the copy of
    this order. The appeals stand disposed of with the
    aforesaid observation and directions to the appellant State
    and its authorities. There shall be no separate orders as to
    costs.
    Review filed by the appellant against this judgment was also
    dismissed on January 29, 2014.
    Civil Appeal No. of 2019 & Anr. Page 5 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
  7. In the meantime, respondent Union preferred contempt petition in
    the High Court. The appellant, on the other hand, filed
    application for extension of time for compliance of the judgment
    dated July 9, 2013. This Court granted six weeks time for
    compliance.
  8. Thereafter, the appellant issued GR dated September 15, 2014
    as a policy decision to extend the benefit of the aforesaid
    judgments. The respondents herein filed another contempt
    petition submitting that this GR dated September 15, 2014 was
    not in conformity with earlier GR dated October 17, 1988 and,
    therefore, it amounted to contempt of the Court’s order as the
    appellant had failed to carry out the directions of the Court by not
    giving the benefits in terms of GR dated October 17, 1988. The
    High Court has accepted the contention of the respondents
    herein. In its detailed judgment dated June 14, 2018, though it
    has held that case for contempt was not made out, at the same
    time, the petition is disposed of with the following directions:
    “34. The respondents are directed to extend the benefits
    of Government Resolution dated 17.10.1988 as ordered
    by the Supreme Court in order dated 09.07.2013 passed in
    case of PWD Employees’ Union (supra) and as reiterated
    by the learned Single Judge in its order on 11.6.2015 in
    the proceeding of SCA 9814 of 2014 and examine the
    case of all the concerned in light thereof and without being
    influenced by their own Government Resolution dated
    15.9.2014, as we have categorically held that Government
    Civil Appeal No. of 2019 & Anr. Page 6 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    Resolution to be not in consonance with the Supreme
    Court order dated 09.07.2013 passed in case of PWD
    Employees’ Union (supra). The entire exercise shall be
    over within period of 60 days from the date of receipt of
    writ of the order. We dispose of this petition with aforesaid
    directions. Notice discharged in each matter. However,
    there shall be no order as to costs.”
  9. It may be noted that while giving the aforesaid directions, the
    order contains a detailed discussion to the effect that GR dated
    September 15, 2014 is deviation from earlier GR dated October
    17, 1988 as per which the appellant was supposed to give the
    benefits to the respondents.
  10. In challenging the aforesaid order of the High Court by way of
    present appeals, the contention of the appellant is that GR dated
    September 15, 2014 was in fact issued to implement the
    judgment of the court in letter and spirit. The case set up by the
    appellant is that the Forest Department in the State Government,
    while extending the above benefits to all the daily wage workers
    of the Forest Department, and in order to maintain uniformity with
    regard to applicability of GR dated October 17, 1988 to daily
    wage workers working in different divisions/Districts of the Forest
    Department of the State, issued a GR dated September 15, 2014.
    The said Resolution is based on GR dated October 17, 1988 and
    subsequent Resolutions. The reliefs granted by this Court have
    Civil Appeal No. of 2019 & Anr. Page 7 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    been extended to nearly 58000 workers. The judgment of this
    Court as directed above has been substantially complied with. As
    per the appellant, the Forest Department of the State has
    followed the interpretation of core GR dated October 17, 1988 as
    revised and clarified from time to time and has come up with the
    GR dated September 15, 2014 with the assistance of the Road
    and Building Department of the State.
  11. When these matters came up for preliminary hearing,
    respondents appeared through caveat. Since the appellant is
    maintaining that many benefits are given to the respondents in
    terms of the judgment, the appellant was advised to demonstrate
    as to how the judgment was implemented. On January 09, 2019,
    Mr. Ranjit Kumar, learned senior counsel appearing for the
    appellant, submitted a chart to this effect. Learned senior
    counsel appearing for the respondents requested for time to
    respond to the same and accordingly time was granted.
    Respondents filed their reply. The matter came up for hearing
    again on January 23, 2019 when the appellant sought time to
    take instructions qua certain averments contained in the reply.
    Accordingly, the matter was posted for hearing on February 06,
    2019.
    Civil Appeal No. of 2019 & Anr. Page 8 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
  12. During the arguments on February 06, 2019, the appellant
    handed over their submissions in response to reply filed by the
    respondent Union which has narrowed down the controversy
    considerably. Those matters where difference between the
    parties persists, arguments were heard.
  13. In order to understand the manner in which judgment had been
    implemented by the appellant, we may reproduce the chart that
    was handed over to the Court on January 09, 2019. It is as
    under:
    Number of
    years
    worked
    Benefits
    granted vide
    GR dated
    17.10.1988
    Prevailing
    Standards of
    Daily Wages
    on 17.10.1988
    Prevailing
    Daily Wages
    on 29.10.2010
    Present Pay
    Scale (Grade
    Pay + Pay
    Band + D.A.
  • H.R.A. +
    Misc.
    Expense)
    1 Presence of
    more than
    240 days in
    first year
    Entitled to daily
    wages as per
    the prevailing
    daily wages
    Rs.452/- per
    month
    Rs. 4456/- per
    month
    2 Service of
    more than
    five years and
    less than ten
    years
    Entitled to fixed
    monthly salary
    along with DA
    as per
    prevailing
    standard
    Rs.750/- +
    (D.A. 23%)
    Fixed Pay of
    Rs. 4440/- +
    Grade Pay of
    Rs. 1300 +
    D.A. (45%)
    Ranging from
    Rs.15,144 –
    Rs. 18,307
    3 Service of
    more than ten
    years but less
    than fifteen
    years
    Minimum pay
    scale at par
    with skilled
    workers along
    with DA
    Pay Scale of
    Rs. 750-940 +
    D.A. (23%)
    Pay Scale of
    Rs. 4440-7440
  • Grade Pay
    of Rs. 1300/- +
    D.A. (45%) +
    3% increment
    each year.
    Ranging from
    Rs. 12,162 –
    Rs. 18,848
    (according to
    the number of
    years
    worked)
    4 Service of
    more than
    fifteen years
    Current pay
    scale of skilled
    worker with DA
    and HRA
    Pay Scale of
    Rs. 750-940 +
    D.A. (23%) +
    additional 1
    Pay Scale of
    Rs. 4440-7440
  • Grade Pay
    of Rs. 1300/- +
    Rs. 16,241 –
    18,848
    (according to
    the number of
    Civil Appeal No. of 2019 & Anr. Page 9 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    increment (3%
  • 3%)
    D.A. (45%) +
    3% increment
    each year +
    additional 1
    increment.
    years
    worked)
    5 Service of
    more than 20
    years
    Pay Scale of
    Rs. 750-940 +
    D.A. (23%) +
    annual
    increment
    Fixed Pay of
    Rs. 4440-7440
  • Grade Pay
    of Rs. 1300/- +
    D.A. (45%) +
    3% increment
    each year + 2
    additional
    increment.
    Ranging from
    Rs. 18637 –
    19414/-
    (according to
    the number of
    years
    worked)
    6 Service of
    more than 25
    years
    Pay Scale of
    Rs. 750-940 +
    D.A. (23%) +
    additional 3
    increments
    (3% + 3% +
    3% + 3%)
    Fixed Pay of
    Rs. 4440-7440
  • Grade Pay
    of Rs. 1300/- +
    D.A. (45%) +
    3% increment
    each year +
    additional 3
    increment.
    Rs. 20,005
  1. The respondents have given their version in tabulated/chart form
    which according to them is in terms of GR dated October 17,
    1988 as directed by this Court in its decision dated July 09, 2013.
    The chart prepared by the respondents is as follows:
    Number of years
    worked
    Benefits under
    GR dated
    17.10.1988
    Prevailing
    Standard of
    Wages under
    GR dated
    17.10.1988
    Entitlement on
    29.10.2010
    1 Presence of more
    than 240 days in
    year
    Entitled to daily
    wages as per the
    prevailing daily
    wages + Paid
    Sundays +
    Medical
    Allowance (MA) +
    National Festival
    Holidays
    Rs.452/- per
    month
    Rs. 4456/- per
    month
    2 Service of more
    than five years and
    Entitled to fixed
    monthly salary
    Rs.750/- + (D.A.
    23%)
    Fixed Pay of Rs.
    4440/- + Grade
    Civil Appeal No. of 2019 & Anr. Page 10 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    less than ten years along with DA as
    per prevailing
    standard
    MA + deduction of
    General Provident
    Fund (GPF)
    2 voluntary/
    optional/
    restricted + 12
    casual leaves +
    holidays on
    Sundays +
    National Holidays
    allowed with pay.
    MA + deduction
    of GPF + 2
    voluntary/
    optional + 14
    casual leaves +
    holidays on
    Sundays +
    National
    Holidays
    allowed with
    pay.
    Pay of Rs. 1300 +
    D.A. (45%)
    MA + deduction
    of GPF
    2 voluntary/
    optional + 14
    casual leaves +
    holidays on
    Sundays +
    National
    Holidays allowed
    with pay.
    3 Service of more
    than ten years but
    less than fifteen
    years
    Minimum pay scale
    at par with skilled
    workers along with
    DA
    MA + deduction of
    CPF
    2 voluntary/
    optional + 14
    casual leaves +
    holidays on
    Sundays +
    National Holidays
    allowed with pay.
    Pay Scale of Rs.
    950-1500 + D.A.
    (23%) + yearly
    increments.
    MA + deduction
    of CPF
    2 voluntary/
    optional + 14
    casual leaves +
    holiday on
    Sundays +
    National
    Holidays
    allowed with
    pay
    Pay Band of Rs.
    5200-20,200 with
    Grade Pay of Rs.
    1900 + D.A.
    (45%) + 3%
    increment every
    year
    MA + deduction
    of GPF
    2 voluntary/
    optional + 14
    casual leaves +
    holiday on
    Sundays +
    National
    Holidays allowed
    with pay
    4 Service of more
    than fifteen years
    Current pay scale
    of skilled worker
    with DA and HRA +
    local
    compensatory
    allowance
    Gratuity +
    Pension + General
    Provident Fund
    2 voluntary/
    optional leaves +
    14 days Casual
    Leave + 30 days
    earned leave + 20
    days half-pay
    Pay Scale of Rs.
    950-1500 + D.A.
    (23%) +
    additional 1
    increment (3%) +
    (3%) yearly
    increment +
    local
    compensatory
    allowance and
    house rent
    allowance.
    Gratuity +
    Pension +
    General
    Provident Fund
    2 voluntary/
    optional leaves
    Pay Band of Rs.
    5200-20,200 with
    Grade Pay of Rs.
    1900 + D.A.
    (45%) + additional
    1 increment + 3%
    increment every
    year + local
    compensatory
    allowance and
    house rent
    allowance
    Gratuity +
    Pension +
    General
    Provident Fund
    2 voluntary/
    optional leaves +
    Civil Appeal No. of 2019 & Anr. Page 11 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    leave during the
    year + holidays on
    Sunday every
    week + National
    Holidays.
  • 14 days
    Casual Leave +
    30 days earned
    leave + 20 days
    half-pay leave
    during the year
  • holidays on
    Sunday every
    week + National
    Holidays.
    14 days Casual
    Leave + 30 days
    earned leave +
    20 days half-pay
    leave during the
    year + holidays
    on Sunday every
    week + National
    Holidays.
    5 Service of more
    than twenty years
    Two increment for
    20 years service
    in the concerned
    pay scale of
    skilled worker
    Pay Scale of Rs.
    950-1500 + D.A.
    (23%) +
    additional 2
    increment (3%) +
    (3%) yearly
    increment +
    local
    compensatory
    allowance and
    house rent
    allowance.
    Other benefits
    as mentioned in
    row 4 of column
    4.
    Pay Band of Rs.
    5200-20,200 with
    Grade Pay of Rs.
    1900 + D.A.
    (45%) + additional
    2 increment + 3%
    increment every
    year + local
    compensatory
    allowance and
    house rent
    allowance
    Other benefits as
    mentioned in
    row 4 of column
    4.
    6 Service of more
    than 25 years
    Three increment
    for 25 years
    service in the
    concerned pay
    scale of skilled
    worker
    Pay Scale of Rs.
    950-1500 + D.A.
    (23%) +
    additional 3
    increment (3%) +
    (3%) yearly
    increment +
    local
    compensatory
    allowance and
    house rent
    allowance.
    Other benefits
    as mentioned in
    row 4 of column
    4.
    Pay Band of Rs.
    5200-20,200 with
    Grade Pay of Rs.
    1900 + D.A.
    (45%) + additional
    3 increment + 3%
    increment every
    year + local
    compensatory
    allowance and
    house rent
    allowance
    Other benefits as
    mentioned in
    row 4 of column
    4.
  1. The appellant has, in the written submissions, generally accepted
    the position given above. However, the appellant has given this
    acceptance subject to following exceptions:
    Civil Appeal No. of 2019 & Anr. Page 12 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    (i) In the category mentioned at Serial Nos. 3, 4, 5 and 6,
    every worker is not entitled to the pay scale mentioned by them
    as per GR dated October 17, 1988 or in the corresponding scale
    on October 29, 2010 because once they become permanent, they
    will have to be fitted in the job description in terms of the Gujarat
    Civil Services (Revision of Pay) Rules, 2009 (hereinafter referred
    to as the ‘Rules’) as revised from time to time and not by
    Minimum Wages Act. Any anomaly within the same job
    description between people who have been regularly appointed
    and these workers of the respondent union would mean that
    everybody else will ask for it not only in this department, but other
    department of Government will have great difficulty in adhering to
    it. The pay scale mentioned in Serial Nos. 3, 4, 5 and 6 cannot
    be applied across the board.
    (ii) The old Pension Scheme has been scrapped by the
    Government and Contributory Pension Fund (CPF) Scheme/New
    Pension Scheme (NPS) has been introduced with effect from
    April 01, 2005. Therefore, CPF Scheme/NPS has been made
    applicable under the GR dated September 15, 2014, and the
    benefits of the same are being granted to the workers of the
    respondent union.
    Civil Appeal No. of 2019 & Anr. Page 13 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    (iii) Similarly, the old General Provident Fund (GPF) Scheme
    has been scrapped by the Government and CPF Scheme has
    been introduced with effect from April 01, 2005. Therefore, CPF
    Scheme has been made applicable, and the benefits of the same
    are being granted to the workers of the respondent union.
    (iv) The worker is given benefit of past services considering the
    earlier period on which he worked for more than 240 days in a
    year.
    (v) The GR dated October 17, 1988 provides for 14 days of
    casual leave including 2 days of voluntary leave/optional leave.
    However, due to inadvertent translation errors, the judgment
    passed by this Court directed 14 days of casual leave in addition
    to 2 days of voluntary leave/optional leave. Therefore, the GR
    dated September 15, 2014 has incorporated the two days of
    voluntary leave/restricted leave and 12 days of casual leave
    which is applicable to all Government employees.
  2. Having regard to the above, we are confining our discussion to
    the aforesaid exceptions taken by the appellant. In the first
    instance, it is pointed out by the appellant that even if the
    respondents become permanent, they would be entitled to be
    fitted in the job description in terms of the Rules. What is
    Civil Appeal No. of 2019 & Anr. Page 14 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    emphasised is that even after regularisation, their pay scales
    cannot be more than the pay which is given to the employees
    who are taken on permanent basis. This appears to be a very
    sound argument. The only plea was that whatever is given to
    such employees in other departments, same benefit be extended
    to the respondents as well. It is difficult to countenance this
    submission which we find to be legally impermissible. That is
    hardly any justifiable response to rebut the same. It is to be kept
    in mind that members of respondent union were all engaged on
    daily wage basis. No doubt, the appellant Government decided
    to confer certain benefits upon these daily wage workers
    depending upon the number of years of service they put in.
    Judgment dated July 09, 2013 proceeds on that basis. Under
    certain circumstances, namely, on completion of specified
    number of years of service on daily wage basis, these daily wage
    workers are entitled to become permanent. On attaining the
    status of permanency/regular employees, they become at par
    with those employees who were appointed on permanent basis
    from beginning, after undergoing the proper selection procedure
    on proving their merit. These daily wagers cannot be given the
    pay scales which are even better than the pay scales given to
    regularly appointed employees. The Rules are statutory in nature
    Civil Appeal No. of 2019 & Anr. Page 15 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    which have been framed in exercise of powers conferred by the
    proviso to Article 309 of the Constitution. On becoming
    permanent, such daily wagers can, at the most, claim that they be
    fitted in the job descriptions in terms of the said pay rules and
    their pay be fixed accordingly. The appellant is ready to do that.
    We, therefore, accept the plea mentioned in exception (i) above.
  3. Insofar as plea at paras (ii) and (iii) is concerned, the appellant
    intends to deny the benefit of GPF on the ground that w.e.f. April
    01, 2005, CPF Scheme/NPS has been introduced. However, on
    that basis, all such employees cannot be denied the benefit of
    GPF. The earlier pension scheme continues to annued to the
    benefit of those who enter the service before April 01, 2005.
    Therefore, all those daily wagers who become entitled to get the
    status of regular/permanent employees before April 01, 2005 has
    to be given the benefit of GPF. To put it otherwise, April 01, 2005
    would be treated as cut-off date. All those persons who would be
    entitled to regularisation/permanent status prior to April 01, 2005
    shall be given the benefit of earlier scheme i.e. GPF. However,
    those who attain this status after April 01, 2005 shall be governed
    by CPF Scheme/NPS.
    Civil Appeal No. of 2019 & Anr. Page 16 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
  4. Insofar as exception (iv) mentioned by the appellant is concerned,
    there appears to be some merit therein. For counting the number
    of years for giving benefit to the workers in terms of judgment
    dated July 09, 2013, only those years would be taken into
    consideration wherein these workers had worked for 240 days or
    more in a year i.e. in consonance with the GR dated October 17,
  5. Furthermore, there is no direction in the judgment of this
    Court to the effect that the period of service of 240 days in a year
    should be only in the initial year and not thereafter. In fact, when
    the learned senior counsel for the respondents were confronted
    with the aforesaid position, they conceded to this position.
  6. Insofar as exception (v) noted above is concerned, it is not in
    dispute that regular employees are entitled to 12 days of casual
    leave in a year i.e. applicable to all Government employees and
    the respondents could not dispute this. The respondents
    workers who have been working on daily wage basis cannot be
    given casual leave which is more than the entitlement extended
    to regular Government employees. We accept the plea of the
    appellant that GR dated October 17, 1988 which provides for 14
    days casual leave including 2 days of voluntary/optional leave is
    the result of inadvertent transaction error. Even otherwise, as
    Civil Appeal No. of 2019 & Anr. Page 17 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.
    pointed out above, the casual leave for daily wagers cannot be
    more than the regular Government employees. We, therefore,
    hold that the respondents employees shall be entitled to 12 days
    of casual leave and 2 days of voluntary leave/restricted leave.
  7. With the aforesaid clarifications, the benefits payable to the
    members of the respondents union shall now be worked out and
    the same be paid to them. Exercise in this behalf shall be
    completed within a period of two months from the date of this
    judgment. The impugned judgment of the High Court is modified
    and the appeals are allowed to the aforesaid extent.
    ………………………………………J.
    (A.K. SIKRI)
    ………………………………………J.
    (S. ABDUL NAZEER)
    ………………………………………J.
    (M.R. SHAH)
    NEW DELHI;
    FEBRUARY 15, 2019.
    Civil Appeal No. of 2019 & Anr. Page 18 of 18
    (arising out of SLP (C) No. 43592 of 2018) & Anr.