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.

2. 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

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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,

1988.  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,

1988.   However,  this  representation  was  dismissed  by  the

appellant on May 3, 2008.  Respondents again approached the

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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?

29.  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.

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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.”

30.  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.   

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4. 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.

5. 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

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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.”

6. 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.

7. 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

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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.   

8. 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.

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9. 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.

10. 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

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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

11. 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

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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 +

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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.

12. The appellant has, in the written submissions, generally accepted

the position given above.  However, the appellant has given this

acceptance subject to following exceptions:

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(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.

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(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.   

13. 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

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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

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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.

14. 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.

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15. 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,

1988.  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.

16. 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

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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.

17. 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.

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