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2026:BHC-AS:5294-DB 3-WP-7301-2012.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 7301 OF 2012

WITH

CIVIL APPLICATION NO. 92 OF 2016

Navi Mumbai Mahanagarpalika Karmachari Sena ...Petitioner

Versus

The State of Maharashtra & Ors. ...Respondents

_________

Mr. Sanjay Thokade a/w Deshmukh and Anupkumar Prajapati for Petitioner.

Ms. Savita Prabhune, AGP for State.

Mr. Kiran Bapat a/w Sandesh Deshpande and Shravani Gujar for Respondent

Nos.5 and 6.

__________

CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

DATE: 30 JANUARY 2026

P.C.

1. The petitioner trade union the Navi Mumbai Mahanagarpalika

Karmachari Sena has filed this petition under Article 226 of the Constitution of

India seeking a relief of regularisation of the contract labourers stated to be

working in the capacity of drivers and conductors in respect of the buses deployed

by the Navi Mumbai Mahanagarpalika Transport Undertaking (for short

"NMMT") in the service of the NMMT by abolishing the contract labour system

being adopted by the NMMT. The prayers as made in the petition are required to

be noted which read thus:

[a] Rule be issued and record and proceedings may be called for:

[b] This Hon'ble Court may be pleased to issue a Writ Mandamus or any other

appropriate Writ or Direction directing::

[i] The State Government i.e. Respondent No.1 and the Advisory Committee.

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3-WP-7301-2012.DOC

i.e. Respondent No.4 to take decision immediately and within such stipulated

time, for abolition of Contract Labour system of the NMMT and to regularize

those Contract Labours working as Drivers and Conductors since last several

years;

[ii] Directing the Respondent No.2 to forthwith grant sanction to the posts of

Drivers and Conductors as per proposal submitted by the Navi Mumbai

Municipal Transport;

[iii] Direct the Respondent No.5 NMMT not to appoint Drivers and

Conductors on Contract Labour basis or Daily Wages basis and immediately

make appointment of Drivers and Conductors on permanent basis from

amongst those employees who were working on contract labour basis since

last so many years;"

2. We find from the record that the parties were heard on the present

proceedings and a substantive order came to be passed by a coordinate Bench of

this Court on 1 August 2019. The said order is required to be noted which reads

thus:

“1. The present petition is filed in the year 2012 by Navi Mumbai

Mahanagarpalika Karmachari Kamgar Sena initially seeking relief of abolition of

the contract labour system and to regularize those contract labours working as

Drivers and Conductors for several years. On institution of the said petition,

several orders have been passed from time to time and in particularly, by order

dated 17.11.2016 this Court had expressed its displeasure over the manner of

continuation of practice of contract labour and had issued directions to the State

Government as well as the corporation to file affidavit explaining how it proposes

to deal with issue relating to additional posts or sanction to the existing posts. On

17.02.2017 we have noted that the State is interested in continuing and

perpetuating contract labour rather than abolishing the same and the Court had

observed that if that was not the case, the Court could be constrained to observe

that the State is flouting the Constitutional mandate.

2. The petition is listed before us in the year 2019 and there is no change in the

scenario except that after 2012, the employees who were working on contractual

basis, came to be continued with corporation on ad-hoc/daily wages basis.

However, the status of the employees being changed to the employees of the

corporation.

3. We have heard the matter and it was pointed out to us that there are 204 posts

of drivers and 262 posts of conductors, which are vacant and the association

comprises of approximately 500 to 600 employees working on the said posts.

4. While dealing with the issue as to