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HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE RAVINDRA V. GHUGEHON'BLE JUSTICE ASHWIN DAMODAR BHOBE, RAVINDRA V. GHUGE
Gaurav Madan Bhangare – Appellant
Versus
Nashik Municipal Corporation – Respondent
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
Long-serving daily wage workers have a legitimate right to regularization, and the misapplication of legal principles should not deny them this right.
Long-serving temporary employees performing essential functions may be regularized despite procedural lapses, ensuring fair employment rights and protections.
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.
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
The court affirmed the obligations of the State to regularize long-serving employees in essential roles, emphasizing fair employment practices and adherence to constitutional provisions.
A long tenure of temporary service without proper classification allows employees to seek regularization and equitable benefits, reinforcing the obligation of the state as a constitutional employer.
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