Case Note & Summary
The State of Gujarat appealed against a judgment of the Gujarat High Court in contempt proceedings initiated by the PWD and Forest Employees Union. The dispute concerned the implementation of benefits to daily wage workers of the Forest Department under a Government Resolution dated October 17, 1988. The High Court had earlier directed the State to extend these benefits, and the Supreme Court in a judgment dated July 9, 2013 affirmed this direction. Subsequently, the State issued a Government Resolution dated September 15, 2014 to implement the benefits. The respondent Union filed contempt petitions alleging that the new GR was not in conformity with the earlier GR and the Supreme Court's directions. The High Court, while not finding contempt, held that the GR dated September 15, 2014 was not in consonance with the Supreme Court order and directed the State to extend benefits as per the original GR. The Supreme Court, on appeal, examined the contentions and found that the GR dated September 15, 2014 was in fact issued to implement the judgment and was based on the core GR dated October 17, 1988. The Court noted that the benefits had been extended to nearly 58,000 workers. The Supreme Court set aside the High Court's direction, holding that the GR dated September 15, 2014 was in conformity with the earlier directions and that the High Court had erred in its conclusion. The appeals were allowed, and the impugned order of the High Court was set aside.
Headnote
A) Contempt of Court - Implementation of Directions - Government Resolution - The High Court, while disposing of contempt petitions, held that the Government Resolution dated 15.09.2014 was not in consonance with the Supreme Court order dated 09.07.2013 and directed the State to extend benefits as per GR dated 17.10.1988. The Supreme Court set aside this direction, holding that the GR dated 15.09.2014 was in conformity with the earlier directions and that the High Court had erred in its conclusion. (Paras 1-10)
B) Service Law - Daily Wage Workers - Benefits - Government Resolution dated 17.10.1988 - The Supreme Court in its earlier judgment dated 09.07.2013 directed the State to grant benefits of the scheme contained in GR dated 17.10.1988 to daily wage workers of the Forest and Environment Department working for more than five years. The State issued GR dated 15.09.2014 to implement these directions. The Supreme Court found that the GR dated 15.09.2014 was in substantial compliance with the earlier directions and set aside the High Court's contrary finding. (Paras 2-10)
Issue of Consideration
Whether the Government Resolution dated September 15, 2014 issued by the State of Gujarat to implement the benefits to daily wage workers of the Forest Department was in conformity with the earlier Government Resolution dated October 17, 1988 and the directions of the Supreme Court dated July 9, 2013, and whether the High Court was justified in holding that the said GR was not in consonance with the Supreme Court order.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned order of the High Court dated June 14, 2018, and held that the Government Resolution dated September 15, 2014 was in conformity with the earlier directions and the High Court had erred in its conclusion.
Law Points
- Contempt proceedings
- Implementation of court orders
- Government Resolution
- Daily wage workers
- Benefits
- Forest Department
- Conformity with judgment
Case Details
2019 LawText (SC) (2) 169
Civil Appeal Nos. 1684-1686 of 2019 (arising out of SLP (C) No. 5028-5030 of 2019) and Civil Appeal Nos. 1687-1689 of 2019 (arising out of SLP (C) No. 5031-5033 of 2019)
PWD and Forest Employees Union & Ors.
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Nature of Litigation
Appeals against the judgment of the Gujarat High Court in contempt proceedings regarding implementation of benefits to daily wage workers of the Forest Department.
Remedy Sought
The State of Gujarat sought to set aside the High Court's direction that the Government Resolution dated September 15, 2014 was not in consonance with the Supreme Court order and to uphold the validity of the said GR.
Filing Reason
The State of Gujarat challenged the High Court's order in contempt proceedings which held that the Government Resolution dated September 15, 2014 was not in conformity with the Supreme Court's directions and directed the State to extend benefits as per the earlier GR dated October 17, 1988.
Previous Decisions
The High Court of Gujarat allowed the writ petition on March 21, 1997; LPA dismissed on April 29, 2003; SLP dismissed on November 29, 2004. Subsequently, the High Court passed orders on October 29, 2010 and August 25, 2011; LPA dismissed on February 28, 2012. The Supreme Court in State of Gujarat v. PWD Employees Union (2013) 12 SCC 417 directed the State to grant benefits of GR dated October 17, 1988 to daily wage workers of Forest Department. Review dismissed on January 29, 2014.
Issues
Whether the Government Resolution dated September 15, 2014 was in conformity with the earlier Government Resolution dated October 17, 1988 and the directions of the Supreme Court dated July 9, 2013.
Whether the High Court was justified in holding that the GR dated September 15, 2014 was not in consonance with the Supreme Court order.
Submissions/Arguments
Appellant (State of Gujarat): The GR dated September 15, 2014 was issued to implement the judgment in letter and spirit, based on the core GR dated October 17, 1988 and subsequent resolutions, and benefits have been extended to nearly 58,000 workers.
Respondents (Union): The GR dated September 15, 2014 was not in conformity with the earlier GR dated October 17, 1988 and amounted to contempt of the Court's order.
Ratio Decidendi
The Government Resolution dated September 15, 2014 issued by the State of Gujarat to implement the benefits to daily wage workers of the Forest Department was in substantial compliance with the directions of the Supreme Court dated July 9, 2013 and the earlier Government Resolution dated October 17, 1988. The High Court erred in holding that the said GR was not in consonance with the Supreme Court order.
Judgment Excerpts
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: ...
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.
Procedural History
The respondent Union filed a writ petition in the Gujarat High Court seeking extension of GR dated October 17, 1988 to the Forest Department. The single Judge allowed the writ petition on March 21, 1997. LPA was dismissed on April 29, 2003. SLP was dismissed by the Supreme Court on November 29, 2004. Subsequently, the State issued GR dated March 24, 2006 for Road and Building Department. The respondents' representation was dismissed on May 3, 2008. The High Court on October 29, 2010 directed the Forest Department to consider regularization and framing of a scheme. On August 25, 2011, the High Court directed framing of a scheme. LPA was dismissed on February 28, 2012. The Supreme Court in State of Gujarat v. PWD Employees Union (2013) 12 SCC 417 directed the State to grant benefits of GR dated October 17, 1988 to daily wage workers of Forest Department. Review was dismissed on January 29, 2014. The State issued GR dated September 15, 2014. The respondents filed contempt petitions. The High Court on June 14, 2018 held that GR dated September 15, 2014 was not in consonance with the Supreme Court order and directed compliance with GR dated October 17, 1988. The State appealed to the Supreme Court.
