Sangli Miraj And Kupwad Cities Municipal Corporation Sangli Thou Its Commissioner v. Shri Vasim Mahibub Mujawar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7382 OF 2024 Amit Arun Gaikwad WRIT PETITION NO.7383 OF 2024 .... Petitioners Vasim Mahibub Mujawar WRIT PETITION NO.7384 OF 2024 .... Petitioners Imran Ilahi Digraje WRIT PETITION NO.7385 OF 2024 MEGHA SHREEDHAR PARAB MEGHA SHREEDHAR PARAB Date: 2024.12.02 12:09:48 +0530 1 of
Dilawar Ilahi Jamadar WRIT PETITION NO.7386 OF 2024 Vikas Babanrao Ambi WRIT PETITION NO.7387 OF 2024 Satish Vishnu Pawar WRIT PETITION NO.7388 OF 2024 Sunil Ganpati Yadav WRIT PETITION NO.7389 OF 2024 2 of
Abhijeet Prakash Salunkhe WRIT PETITION NO.7390 OF 2024 Ranjeet Dattatraya Magdum WRIT PETITION NO.7391 OF 2024 Aayub Shabbir Dafedar WRIT PETITION NO.3035 OF 2023 Santosh Maruti Mali 3 of
WRIT PETITION NO.3120 OF 2024 Nasir Iqbal Jambhlikar WRIT PETITION NO.3119 OF 2024 Mustakim Shiraj Panhalkar _______________ Mr. Amey C. Sawant i/b. Mr. Vikram Walawalkar for the Petitioner in all the Petitions.
Mr. Sandesh Patil i/b. Mr. Chintan Shah for Respondents in all the Petitions.
_______________ CORAM : SANDEEP V. MARNE, J.
DATED : 28 November 2024.
P.C.:
1) The issue involved in the Petitions is squarely covered by order dated 13 June 2024 passed by this Court in Sangli, Miraj and Kupwad Cities Municipal Corporation at Sangli 4 of
through its Commissioner V/s. Jamir Majid Shaik1. The order reads thus:- 1.
By this petition, the Petitioner-Muncipal Corporation challenges Judgment and Order dated 14 March 2024 passed by the Member, Industrial Court, Sangli in Complaint (ULP) No.53 of 2015. The Industrial Court has directed the Petitioner-Municipal Corporation to pay wages to the Respondent at the minimum of the pay scale applicable to a permanent oilman / pump operator, from the date of the order.
2.
The complaint was filed seeking a broader relief of regularisation in service of Respondent, who is working as Badli worker. The Industrial Court has however, not granted him relief under Item 6 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labor Laws Practices Act 1971 (MRTU & PULP Act). But it felt it appropriate to grant limited relief of payment of wages in the minimum pay scale. In fact, this is the law laid down by the Apex Court in State of Punjab and Ors vs Jagjit Singh And Ors, 2017 1 SCC 148. The Tribunal rejected prayer for regularisation but granted lesser relief of minimum wages as per the law laid down by the Apex Court in Jagjit Singh (supra). No infirmity is noticed in the order passed by the Labour Court. Hence, the writ petition is rejected. 2) The Reasons recorded while dismissing the Writ Petition No.8389 of 2024 would squarely apply for dismissing the present Petitions as well. The Writ Petitions are accordingly dismissed. [SANDEEP V. MARNE, J.]
1. Writ Petition No.8389 of 2024, decided on 13 June 2024. 5 of