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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J.
Pramila Kiran Mane - Petitioner
Versus
Municipal Commissioner-Pimpri Chinchwad Municipal Corporation and Anr. - Respondents
Writ Petition No.5692 Of 2023 With Writ Petition No.5700 Of 2023 With Writ Petition No.9966 Of 2023 With Writ Petition No.5718 Of 2023 With Writ Petition No.5709 Of 2023 With Writ Petition No.5704 Of 2023 With Writ Petition No.5706 Of 2023 With Writ Petition No.5688 Of 2023 With Writ Petition No.5708 Of 2023 With Writ Petition No.5703 Of 2023 With Writ Petition No.5691 Of 2023 With Writ Petition No.5906 Of 2023 With Writ Petition No.5705 Of 2023 With Writ Petition No.5707 Of 2023 With Writ Petition No.5702 Of 2023 With Writ Petition No.5721 Of 2023 With Writ Petition No.5696 Of 2023 With Writ Petition No.5720 Of 2023 With Writ Petition No.5695 Of 2023 With Writ Petition No.5693 Of 2023 With Writ Petition No.5698 Of 2023 With Writ Petition No.5713 Of 2023 With Writ Petition No.5697 Of 2023 With Writ Petition No.5711 Of 2023 With Writ Petition No.5710 Of 2023 With Writ Petition No.5699 Of 2023 With Writ Petition No.5719 Of 2023 With Writ Petition No.5712 Of 2023 With Writ Petition No.5714 Of 2023 With Writ Petition No.5716 Of 2023 With Writ Petition No.5717 Of 2023 With Writ Petition No.5694 Of 2023 With Writ Petition No.5701 Of 2023 With Writ Petition No.5715 Of 2023 With Writ Petition No.5734 Of 2023 With Writ Petition No.5722 Of 2023 With Writ Petition No.5732 Of 2023 With Writ Petition No.5731 Of 2023 With Writ Petition No.5687 Of 2023 With Writ Petition No.5728 Of 2023 With Writ Petition No.5690 Of 2023 With Writ Petition No.5723 Of 2023 With Writ Petition No.5727 Of 2023 With Writ Petition No.5730 Of 2023 With Writ Petition No.5685 Of 2023 With Writ Petition No.5725 Of 2023 With Writ Petition No.5729 Of 2023 With Writ Petition No.5733 Of 2023 With Writ Petition No.5616 Of 2023 With Writ Petition No.5689 Of 2023 With Writ Petition No.5726 Of 2023 With Writ Petition No.5724 Of 2023 With Writ Petition (St)No.11588 Of 2023 With Writ Petition No.6109 Of 2023 With Writ Petition No.6110 Of 2023 With Writ Petition No.6111 Of 2023 With Writ Petition No.6145 Of 2023 With Writ Petition No.6132 Of 2023 With Writ Petition No.6146 Of 2023 With Writ Petition No.6142 Of 2023 With Writ Petition No.6141 Of 2023 With Writ Petition No.6134 Of 2023 With Writ Petition No.6140 Of 2023 With Writ Petition No.6139 Of 2023 With Writ Petition No.6133 Of 2023 With Interim Application (Stamp) No.21275 Of 2024 And Interim Application (Stamp) No.21279 Of 2024 With Writ Petition No.6144 Of 2023 With Writ Petition No.6135 Of 2023 With Writ Petition No.6143 Of 2023 With Writ Petition No.6138 Of 2023 With Writ Petition No.6147 Of 2023 With Writ Petition No.9903 Of 2023 With Writ Petition No.9895 Of 2023 With Writ Petition No.9921 Of 2023 With Writ Petition No.9899 Of 2023 With Writ Petition No.9957 Of 2023 With Writ Petition No.9913 Of 2023 With Writ Petition No.9917 Of 2023 With Writ Petition No.9912 Of 2023 With Writ Petition No.9930 Of 2023 With Writ Petition No.9815 Of 2023 With Writ Petition No.9958 Of 2023 With Writ Petition No.9933 Of 2023 With Writ Petition No.9934 Of 2023 With Writ Petition No.9870 Of 2023 With Writ Petition No.9885 Of 2023 With Writ Petition No.9890 Of 2023 With Writ Petition No.9929 Of 2023 With Writ Petition No.9883 Of 2023 With Writ Petition No.9925 Of 2023 With Writ Petition No.9868 Of 2023 With Writ Petition No.9851 Of 2023 With Writ Petition No.9848 Of 2023 With Writ Petition No.9954 Of 2023 With Writ Petition No.9946 Of 2023 With Writ Petition No.9952 Of 2023 With Writ Petition No.9846 Of 2023 With Writ Petition No.9955 Of 2023 With Writ Petition No.9879 Of 2023 With Writ Petition No.9936 Of 2023 With Writ Petition No.9939 Of 2023 With Writ Petition No.9947 Of 2023 With Writ Petition No.9858 Of 2023 With Writ Petition No.9941 Of 2023 With Writ Petition No.9937 Of 2023 With Writ Petition No.9907 Of 2023 With Writ Petition No.10053 Of 2023 With Writ Petition No.9998 Of 2023 With Writ Petition No.9951 Of 2023 With Writ Petition No.9959 Of 2023 With Writ Petition No.9893 Of 2023 With Writ Petition No.9889 Of 2023 With Writ Petition No.9944 Of 2023 With Writ Petition No.9942 Of 2023 With Writ Petition No.9853 Of 2023 With Writ Petition No.9949 Of 2023 With Writ Petition No.9908 Of 2023 With Writ Petition No.9876 Of 2023 With Writ Petition No.9932 Of 2023 With Writ Petition No.9969 Of 2023 With Writ Petition No.9972 Of 2023 With Writ Petition No.9981 Of 2023 With Writ Petition No.9980 Of 2023 With Writ Petition No.9517 Of 2023 With Writ Petition No.9968 Of 2023 With Writ Petition No.9971 Of 2023 With Writ Petition No.9974 Of 2023 With Writ Petition No.9979 Of 2023 With Writ Petition No.9976 Of 2023 With Writ Petition No.9967 Of 2023 With Writ Petition No.9978 Of 2023 With Writ Petition No.9973 Of 2023 With Writ Petition No.9970 Of 2023 With Writ Petition No.9977 Of 2023 With Writ Petition No.9975 Of 2023 Writ Petition No.9661 Of 2023 With Writ Petition No.9653 Of 2023 With Writ Petition No.9673 Of 2023
Decided On : 08-08-2024
JUDGMENT:
(Sandeep V. Marne, J.) :
1) These are cross Petitions filed by Pimpri-Chinchwad Municipal Corporation and its contract employees challenging various orders passed by the Industrial Court-Pune, partly allowing the Complaints holding that the contract employees are entitled for salary and consequential benefits at par with minimum pay scale of regularly engaged employees of the Municipal Corporation holding the same post as that of Complainants from the date of joining services by them. The Municipal Corporation is aggrieved by the direction for payment of salary in minimum of pay-scale whereas the contract employees are aggrieved by the orders passed by the Industrial Court to the extent of non-grant of relief of permanency.
2) Pimpri-Chichwad Municipal Corporation (PCMC) operates various hospitals, dispensaries, OPD units, etc. to offer medical services to the citizens residing in the city of Pimpri-Chinchwad. The hospitals run by the Municipal Corporation including Yashwantrao Chavan Memorial Hospital, Talera Hospital, Yamuna Hospital, Bhosari Hospital, Jijamata Hospital, Sangvi Hospital, Akurdi Hospital, Thegaon Hospital, etc.
3) It appears that advertisements were issued from time to time for filling up of various posts in such hospitals and dispensaries such as staff nurse, X-ray Technician, Blood Bank Technician, MSW, Male and Female Ward Assistants, Cleaners, Pharmacist, Data Entry Operator, etc. The advertisements were issued for engaging staff on contract and honorarium basis for a period of six months. All the contract employees involved in the present petitions have been initially engaged on various posts indicated above on honorarium and contract basis initially for a period of six months.
4) By way of illustration, facts in the case of couple of contract employees are discussed. While most of the contract employees involved in the Petitions have joined for the first time in the year 2020, cases of two employees who have rendered longest period of service are recorded.
5) Pramila K. Mane is Petitioner in Writ Petition No.5692 of 2023, and Respondent in cross Petition No.9958 of 2023 filed by PCMC. Yashwantrao Chavan Memorial Hospital (YCMH) is one of the Hospitals operated by PCMC. It appears that in the year 2016, the municipal administration felt the need for engagement of extra manpower to tackle the load of patients in the hospital. Accordingly, the Municipal Commissioner submitted a proposal dated 6 August 2016 for creation of 14 posts in the said hospital on consolidated honorarium for a period of six months. The proposal of the Municipal Commissioner was sanctioned by the Standing Committee of the Municipal Corporation by adopting the resolution dated 9 August 2016. Accordingly, advertisement was issued in the local newspapers on 12 August 2016. Several candidates appeared in pursuance of the said advertisement and after scrutinising all applications, interviews were conducted by the Selection Committee. As per the recommendations made by the Selection Committee the Municipal Corporation issued order dated 6 September 2016 appointing total 16 personnel on various posts on fixed honorarium as indicated in the braket against each post such as Surgeon (Rs.60,000), Intensivist (Rs.50,000/-), Physician (Rs.50,000/-), Orthopedic Surgeon (Rs.50,000/-), ENT (Rs.60,000/Rs.55,000), X-ray Technician (Rs.10,000 /Rs.16,000/ Rs.14,000), Dialysis Technician (Rs.16,000), Statistician (Rs.15,000) and Data Entry Operator (Rs.12,000). The said personnel were appointed for the period from 7 September 2016 to 5 March 2017 (180 days) on various terms and conditions incorporated in the letter dated 6 September 2016. The order indicates that reservation roster was followed while making the engagements. Condition No. 10 contained a specific stipulation that the appointments were temporary and that the appointees had no right to c
Prolonged continuous service of employees necessitates regularization irrespective of absence of sanctioned posts, reinforcing the obligation of fair employment practices by the state.
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
Long-serving daily wage workers have a legitimate right to regularization, and the misapplication of legal principles should not deny them this right.
Long-term engagement of employees for over 240 days establishes entitlement to regularization, reinforcing the principle against unfair labor practices applicable to public sector employment.
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
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