State of Gujarat and Others vs Patel Mahendra Kumar Ramdas and Others

K.A. Puj, J.—1. Since common issue is involved in both these Letters Patent Appeals and since they are heard together the same are being disposed of by this common judgment and order.

Letters Patent Appeal No. 1077 of 1999 is filed against an order passed by the learned Single Judge of this Court on 10.5.1999 in Special Civil Application No. 9011 of 1998 holding therein that the present Respondents - original Petitioners are entitled for the bonus as per the Government Resolution dated 12.10.1998 and directing the present Appellants - original Respondents to calculate the amount of bonus payable to the original Petitioner within a period of two months from the date of receipt of the writ of the said order and pay the same within 15 days thereafter.

Letters Patent Appeal No. 168 of 2003 is filed by the Appellants - original Respondents against the judgment and order passed by the learned Single Judge of this Court in Special Civil Application No. 8954 of 2001 on 2.8.2002 holding therein that the members of the present Respondent Union - original Petitioner Union working in the grant-in-aid Industrial Training Institution are entitled to the bonus as per Resolution dated 20.10.1999 and 18.10.2000 and also directing the present Appellant - original Respondent to calculate the amount of bonus and pay the members of the original Petitioner Union the amount of bonus accordingly.

Letters Patent Appeal No. 1077 of 1999 was admitted on 24.11.1999 whereas Letters Patent Appeal No. 168 of 2003 was admitted on 25.2.2003.

The brief facts giving rise to the present Letters Patent Appeals are that the present Respondents were working in the non-government grant-in-aid Industrial Training Institutions. According to the Appellants they were not entitled for any bonus, LTC, etc. By Government Resolution dated 5.4.1988 the employees of the non-government grant-in-aid institutions of ITI are treated equivalent to the government employees for the purpose of salary. The Finance Department has issued Government Resolution dated 12.10.1988 for bonus to the Government employees. However, in this Government Resolution, the present Respondents are not covered and they are not entitled for the bonus. Being aggrieved by the said Government Resolution the present Respondents had filed Special Civil Application No. 9011 of 1998 with a prayer to direct the State Government to give them bonus for the year 1998. The said petition was allowed by this Court and directions were issued to pay the bonus to the present Respondents for the year 1998. Being aggrieved by the said order of the learned Single Judge the Letters Patent Appeal No. 1077 of 1999 was filed before this bench.

During the pendency of the Letters Patent Appeal No. 1077 of 1999, the Government issued Resolution dated 20.10.1999 and 18.10.2000 for giving bonus for the year 1999 and 2000 under which present Respondents were not covered and were not paid bonus. Hence, the present Respondents filed Special Civil Application No. 8954 of 2001 which came to be allowed on the ground that the similar issue was involved in the earlier petition which was allowed by this Court. Being aggrieved by the said order of the learned Single Judge the present Letters Patent Appeal No. 168 of 2003 is filed by the Appellants.

Mr. Rashesh Rindani, learned Assistant Government Pleader appearing for the Appellants in both these appeals, has submitted that the Government Resolutions dated 12.10.1998, 20.101999 and 18.10.2000 are not applicable to the present Respondents so far as payment of bonus is concerned. He has submitted that the Government Resolution dated 12.10.1998 is in respect of payment of adhoc bonus to employees of Government of Gujarat for the year 1997-98. In para-7 of the said Resolution it is clear that the said orders are applicable to following employees which, inter alia, includes employees of non-government grant-in-aided polytechnic/ technical institutes. He has further submitted that the State Government vide its Circular dated 2.11.1999 has clarified that the bonus is not payable to the employees of the private institutes whom grant is awarded by the Government. Such private institutes who are receiving grants from the government grant shall not be allocated for the benefits like bonus/LTC and medical allowance for their employees and such benefits shall not be calculated for grant calculation. He has, therefore, submitted that in view of this clarificatory Circular the Respondents are not entitled to bonus.

Mr.K.I. Patel, learned advocate appearing for the Respondents, on the other hand, has relied on the orders passed by the learned Single Judge and submitted that both the appeals deserve to be dismissed.

Having heard the learned Counsels appearing for the parties and having gone through the impugned orders passed by the learned Single Judge in light of the Resolutions issued by the State Government from time to time, we are of the view that the Government Resolution dated 12.10.1998 was issued by the State Government for the purpose of giving benefits of bonus to several categories of employees. Para-7 of the said Resolution in terms enumerates several categories of employees. Sub Clause (7) of para-7 is very clear and it talks of the employees of non-government, grant-in-aided polytechnic/ technical institutes. There is no dispute about the fact that the Respondents are the employees of non-government grant-in-aided polytechnic/ technical institutes. The said Resolution does not say that only those employees of non-government grant-in-aided polytechnic/ technical institutes run by the particular department are entitled to bonus. As a matter of fact, clarificatory Circular issued by the State Government is of 2.11.1999. It was subsequent to the order passed by the learned Single Judge on 10.5.1999 in Special Civil Application No. 9011 of 1998. Even this Circular does not refer to the earlier Resolution dated 12.10.1998. Subsequent Resolutions dated 20.10.1999 and 18.10.2000 are nothing but reiteration of the provisions contained in earlier Resolution dated 12.10.1998. The learned Single Judge while disposing of the earlier petition has rightly observed that teaching and non-teaching employees of grant-in-aid institutes are entitled for bonus. All other employees of teaching and non-teaching staff of various Universities, Colleges affiliated to Universities, Primary and Higher Secondary Schools, work charge employees, employees of the State Social Welfare Advisory Board and other employees are getting the bonus and only the Petitioners, who are present Respondents have been left out. The learned Counsel appearing for the Appellants could not satisfy us as to how the Respondents'' case is not covered under the Government Resolutions dated 12.10.1998, 20.10.1999 and 18.10.2000. Even after the clarificatory Circular dated 2.11.1999 the Government has issued the Resolution on 18.10.2000 reiterating the same provisions.

Taking any view of the matter, we do not find any infirmity or illegality in the order passed by the learned Single Judge. Since there is no merit in any of these two appeals, the same are accordingly dismissed. Interim relief granted earlier stands vacated.