Long-serving daily wage workers have a legitimate right to regularization, and the misapplication of legal principles should not deny them this right.

JUDGMENT :
(RAVINDRA V. GHUGE, J.)

1. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
2. All these Petitioners are identically placed. Few of them are said to have passed away and some have attained the age of superannuation. Two Petitioners have died, namely, Vijay Nivrutti Kothule and Anil Lahanu Patil. On oral request, the Legal Representatives are permitted to be brought on record. This addition / amendment be carried out within 15 days.
3. Since all these Petitioners are identically placed as daily wage workers working with the Nashik Municipal Corporation, we are adverting to the prayers put forth in the first Petition.
4. For the sake of brevity, we are reproducing prayer clause (b), (b1), (b2), (b3) and (b4), here under :-

“(b) A writ of Mandamus or any other Writ or order or direction in the nature of Writ under Art 226 of the Constitution of India be issued ordering and directing the Respondents to issue appropriate orders absorbing/appointing the Petitioner in the services as a Helper, Valvemen and Class IV with effect from 19.04.2011 in the Respondent Corporation together with all consequential benefits.
(b.1) That this Hon’ble Court be pleased to hold and declare that the petitioner is entitled for benefit of permanency and absorptions in vacant posts available on establishment of Municipal Corporation and further entitled for all consequential and monetary benefits.
(b.2) That this Hon’ble Court be pleased to hold and declare that impugned communications dated 26.10.2018 issued by the Dy. Commissioner to Section Officer of UDC, Mantralaya, Mumbai and impugned communication dated 04.02.2019 issued by the Dy. Secretary of Maharashtra to Commissioner of Nashik Municipal Corporation are ex-facie illegal, contrary to orders passed by Hon’ble Industrial Tribunal in complaint ULP No. 16-26 of 2010 and confirmed in W.P.3225 of 2012 and other connected matters which are at Exh “C” & Exh “D” to the present petition.
(b.3) That this Hon’ble Court be pleased to direct to Municipal Corporation as well as the State Government to absorb the Petitioner on the existing vacant post and / or direct State government to grant sanction for creating the posts.
(b.4) Pending the hearing and final disposal of the abovementioned Petition the Respondent their agents, Servants or anybody claiming through them be restrained by temporary injunction from discontinuing services of the Petitioner.”

5. Considering the facts of these cases and the voluminous record, we are not required to refer to all those documents in this judgment for the reason that all these Petitioners had approached the Industrial Court at Nashik by preferring ULP complaints in 2010, under Section 28(1) of The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU and PULP Act). They had alleged unfair labour practices against the Corporation under Items Nos.5, 6 and 9 of Schedule IV. By a common judgment dated 19th April, 2011, the Industrial Court recorded in Paragraph No.36 and issued directions under Paragraph No.38, as under:

“(36)….Record shows that the Govt. of Maharashtra has given permission from time to time for creation of several posts and to absorb the employees in regular employment who were working with contractor. The Govt of Maharashtra Resolution No. 10.5.2023 about 12205 employees working on daily wages are directed to be absorbed In regular employment of respondent. Record shows that about 5 posts of Wireman, 2 posts of Pump Operator, 1 post of Oilman, 9 posts of Valveman, 1 post of B-Grade Pump Operator and 46 posts of bigari total 59 posts are vacant with the various pumping stations of the Respondent Nashik Municipal Corporation. The Standing Committee of the respondent Nashik Municipal Corporation has passed resolution No. 902 dated 31.1.2008 Exh. U-23/1 for getting sanction to the posts of Wireman, Electrician, Pump Operator, Oilman, Valveman and Bigari. The Mahasabha of the resp