Five Forest Daily-Wagers To Receive 7th Pay Benefits From 2016 As Gujarat HC Counts Sundays And Holidays Toward 240-Day Test

The petitioners were Forest Department daily wagers who had joined between 1995 and 2007.

They sought benefits under Government Resolutions dated 17.10.1988 and 15.09.2014, contending that the respondents had wrongly excluded Sundays and public holidays when calculating whether they had completed 240 days of service in a year.

By order dated 11.07.2025, the Court directed the State to provide attendance calculations applying Workmen of American Express International Banking Corporation v. Management of American Express International Banking Corporation.

The State’s resulting attendance sheets showed that the petitioners had each completed more than ten qualifying years.

The State disputed the applicability of that precedent to daily wagers, relying on Ranjit Natvarlal Chauhan v. Morbi Nagar Palika.

Clause 1 of the Government Resolution dated 17.10.1988 provides for specified benefits after a daily wager completes more than 240 days in the first year; under State of Gujarat v. PWD Employees Union and State of Gujarat v. PWD and Forest Employees Union, only years in which the workman completes 240 days count towards the relevant service benefits.

In Workmen of American Express International Banking Corporation, the Supreme Court interpreted “actually worked” under Sections 25-B and 25-F of the Industrial Disputes Act, 1947 broadly to include days during which the workman was employed and paid wages, including Sundays and paid holidays.

The Gujarat Division Bench applied that approach to daily wagers claiming benefits under the 17.10.1988 Resolution in Chhaganbhai Ranchhodbhai Rathod v. Deputy Executive Engineer, and later decisions, including Executive Engineer v. Dhirabhai Bhurabhai Pagi, affirmed that Sundays and official or public holidays are included when calculating 240 days.

The Court held that the State’s objection based on Ranjit Natvarlal Chauhan did not displace the earlier and subsequently followed Gujarat decisions applying the American Express rule to daily wagers claiming benefits under the 17.10.1988 Resolution.

Although the Resolution requires completion of 240 days in the first year, it does not prescribe a different method for calculating those days; the Court therefore applied the rule that Sundays and public holidays are included, including in the first year.

On the attendance sheets produced by the State using that method, each petitioner had completed more than ten qualifying years and was entitled to the benefits under the relevant Resolutions.

It allowed the petition and directed the respondents to grant the petitioners benefits under the Government Resolutions dated 17.10.1988 and 15.09.2014, including the Seventh Pay Commission benefits from 01.01.2016, on the basis of the attendance sheets.

The authorities were directed to calculate and disburse the benefits, including arrears, within 60 days of the judgment’s upload.

Although the petitioners had sought 12% interest, the operative directions do not expressly award interest.