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2017 Supreme(Bom) 1

S.C.GUPTE
Mahapalika Arogya Seva Karmachari Sanghatana, Mumbai – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.S. Pakale with Mr.P.M. Palshikar with Mr.Vinod Mahadik
For the Respondent:Mr.Prakash Devdas, Mr.A.V. Bukhari, Senior Advocate with Mr.B.V. Bukhari and Mr. S.S. Pakhale with Mr.P.M. Palshikar, Ms.Fauzia Bukhari and Mr.Vinod Mahadik for Mr.Prakash Devdas

JUDGMENT :

This group of petitions concerns Voluntary Health Workers appointed by the Municipal Corporation of Greater Mumbai, particularly in relation to their status as workmen of the Corporation and their entitlement to permanency of tenure based on such status.

2. Writ Petition No.7958 of 2005, which is heard as a lead petition, is filed by a registered trade union, who claims to be a recognized union of workmen of the Respondent Corporation, representing the nursing and paramedical staff including Women Community Health Workers employed by the Corporation. The following are the facts of the case stated briefly :

2.1 In the year 1988, the Respondent – Municipal Corporation of Greater Mumbai (“Corporation”) created 176 Health Posts (as Urban Health Centres) with financial assistance from World Bank through the State Government. This project, which was meant to supplement the Health Services and Family Welfare Programme of the Corporation, was known as “India Population Project V” (“project”). Each Health Post was to have a Medical Officer and other full time nursing and paramedical staff. These officers and staff were to be assisted by Women Health Workers working parttime.

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