Pune Mahanagarpalika Kamgar Union v. The Pune Municipal Corporation
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1859 OF 2008 WITH CIVIL APPLICATION NO.1041 OF 2012 IN WRIT PETITION NO.1859 OF 2008 Pune Mahanagarpalika Kamgar Union ....Applicant/Petitioner V/S Pune Municipal Corporation ....Respondents ...
Mr. Seema Sarnaik for the Petitioner/Applicant. Mr. Abhijit P. Kulkarni a/w Mr. Krushna Jaybhay for Respondent. ...
CORAM: SANDEEP V. MARNE, J.
DATE : AUGUST 25, 2023.
P.C.:
By this Petition, Petitioner-Pune Mahanagarpalika Kamgar Union has challenged the judgment and order dated 6 January 2007 passed by the Industrial Court, Pune, in Complaint (ULP) No.136 of 2003. The Industrial Court has returned the Complaint for presentation to the proper forum by recording a finding that the Industrial Court has no jurisdiction to entertain and decide the Complaint. Before the Industrial Court, the Petitioner-Union was representing cause of 117 casual employees engaged in the encroachment department 1/3
k 2/3 8 caw 1041.12 in wp as.doc of the Respondent-Municipal Corporation They demanded regularization in service.
Both the learned Counsels appearing for the parties would agree that during pendency of litigation the Respondent-Municipal Corporation has progressively absorbed the casual employees working in the encroachment department from time to time. It is also common ground that as of now only 13 of the casual employees remain to be regularized. Ms. Sarnaik, the learned Counsel appearing for the PetitionerUnion would submit that there are sanctioned vacancies existing against which cases of those remaining 13 casual employees can also be considered for regularization. Mr. Kulkarni, the learned Counsel appearing for the Respondent-Municipal Corporation would not dispute the position that the Respondent-Municipal Corporation has regularized casual employees from time to time.
It appears that before the Industrial Court itself the witness examined by the Respondent-Municipal Corporation had made a statement that the employees would be regularized as and when vacancies arise.
k 3/3 8 caw 1041.12 in wp as.doc Corporation to examine whether sanctioned vacancies exist for consideration of cases of remaining 13 casual employees for regularization. If the Respondent-Municipal Corporation comes to conclusion that vacancies are available for considering their cases for regularization and if they fulfill the criteria for regularization, the Respondent- Municipal Corporation shall regularize their services on par with other similarly placed employees. The exercise be carried out within a period of two months from today. The Writ Petition is accordingly disposed of. No order as to costs.
In view of the disposal of the Writ Petition, the Civil Application is also disposed of accordingly.
(SANDEEP V. MARNE, J.) 3/3