Daily wagers' service against unsanctioned posts counts towards pensionable service under MCS (Pension) Rules if regularized; pre-New Pension Scheme appointees entitled to Old Scheme despite later regularization (half if contingency-paid).

JUDGMENT :

ROHIT W. JOSHI, J.

1. Heard.

2. Since all the cases involve identical dispute with respect to claim of pension, all these petitions are being decided by common judgment. The facts of Complaint (ULP) No.25 of 2021 are taken into consideration for adjudication.

3. Rule. Rule is made returnable forthwith. Heard finally with consent of learned counsel for the respective parties.

4. The present petition is filed challenging the judgment and order dated 05.12.2022, passed by the learned Member, Industrial Court No.1, Nagpur, in Complaint (ULP) No.25 of 2021. The petitioner is the employer of the respondents. The parties will be referred as “NMC” and “the employees” respectively hereinafter.

5. All the employees had filed Complaint (ULP) No.25 of 2021 claiming that they were appointed as daily wagers in the Garden and Water Department of NMC, their initial appointments being made between the years 1991 to 1996 and that subsequently they were granted benefit of permanency in the months of June, July and November, 2006. Their contention is that their services are governed by Model Standing Orders framed under the Maharashtra Industrial Relations Act, 1946 and that upon completion of 240 days of service in a calendar year, they are entitled to the benefit of permanency in service. The employees therefore prayed that as against the dates of regularization/permanency granted in the year 2006, the same should be granted to them from the date on which each of them completed 240 days of service and that the contractual service of 240 days should also be counted for the purpose of payment of gratuity and pension.

6. The petitioner/NMC opposed the complaint by filing reply. The said complaint came to be partly allowed vide judgment and order dated 05.12.2022. Perusal of Paragraph Nos.13 and 15 of the judgment by the learned Industrial Court will demonstrate that it has categorically held that the claim of the employees for grant of permanency upon completion of 240 days of service cannot be entertained, since order of permanency granted in the year 2006 is accepted by them and no grievance is raised in that regard. The directions for counting service after completion of 240 days of service is for the purpose of calculation of pension and gratuity. The learned Industrial Court has directed the NMC to fix the date on which each employee completed 240 days of service in a calendar year and to treat the same as the date of entry in service for the purpose of computation of pension and gratuity. It is held that the employees will be entitled to the benefit of pension upon completion of 240 days of service. This order is challenged by NMC in the present petition.

7. As regards gratuity, perusal of order dated 19.07.2023 passed in the present petition will demonstrate that the NMC has accepted that employees will be entitled for the benefit of gratuity even for the contractual period of employment.

8. As regards entitlement of regularization in service upon completion of 240 days of service, this Court has taken a view vide judgment dated 22.12.2025 in Writ Petition No. 496 of 2023 ( Subhash Sukhdev Sahare vs. NMC and another ) and other connected petitions t