Gaurav Madan Bhangare And ORS v. The Nashik Municipal Corporation And ORS

by ANANT KRISHNA NAIK Date:

2024.03.12 10:25:59 +0530 14.WP.1776.2024(E) .doc ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1776 OF 2024 Gaurav Madan Bhangare And Ors

...Petitioners

Versus

The Nashik Municipal Corporation And Anr.

...Respondents

Adv. Shriram S Kulkarni a/w. Adv. Radhali Kadam for the Petitioners. Mr. M. L. Patil for the Respondents.

Ms. R. A. Salunkhe, AGP for the Respondent-State. CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.

DATED : 6 MARCH, 2024 P.C.:

1.

The substantive Petitions by the Petitioners in respect of their absorption in service with the Respondent-Corporation are pending. By this Petition, the Petitioners in effect are seeking directions towards payment of their salary. The second prayer is that the salary should be paid on the same basis as is available to the permanent employees. The second prayer would be on the merits of the pending Petitions where directions to make the Petitioners permanent is sought. The Petitioners ought to have moved in the pending Petitions for this relief which would be in the nature of the interim order in those Petitions. 2.

Learned Counsel for the Petitioners states that instead of taking out akn 1/2

14.WP.1776.2024(E) .doc separate applications in pending Petitions, this Petition be considered as prayer in the pending group of Petitions.

3.

List this Petition alongwith Writ Petition No. 14733 of 2018 and other connected Petitions on 24 April 2024.

4.

In the meanwhile, we see no reason as of today why the Municipal Corporation should not extend the benefits, which they themselves have agreed in the meeting held before the Labour Commissioner on 25 March 2021. Therefore, unless the Respondent-Corporation demonstrates by filing an affidavit-in-reply as to why they should not be made bound to what they have agreed before the Labour Commissioner, within a period of two weeks from today, we direct that the Municipal Corporation would give effect to what was agreed. (M. M. SATHAYE, J.) (NITIN JAMDAR, J.) akn 2/2