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Supreme Court of India 2019-02-15 allowed

THE STATE OF GUJARAT vs PWD AND FOREST EMPLOYEES UNION

Bench: 3 — A.K. Sikri, S. Abdul Nazeer, M.R. Shah

In Brief

The Supreme Court examined challenges to a High Court judgment that found the State of Gujarat's 2014 Government Resolution (GR) non-compliant with an earlier 1988 GR regarding benefits for daily wage workers in the Forest Department. The Court held that upon attaining permanent status, daily wagers become comparable to regularly appointed employees but cannot receive pay scales exceeding those for permanent appointees. Regarding pension benefits, those regularized before April 1, 2005 retain entitlement to the General Provident Fund (GPF); those after that date fall under the new Contributory Pension Fund (CPF)/National Pension Scheme (NPS). Service counted for benefits must comprise only years worked 240 days or more annually. Casual leave entitlements are 12 days plus 2 voluntary days, consistent with all regular government employees. The Court allowed the appeals with clarifications regarding benefit calculations.

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Constitutional Law Administrative Law Labour and Employment Government Employees Pension Schemes Contempt of Court Civil Procedure

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