Avinash Seshrao Wankhede v. The Nashik Municipal Corporation

WRIT PETITION NO.63 OF 2019 Sanjay Narayan Khandekar Age: 52 years., Occu: Service Prabhadarshan Apt., Kalawati Mandir, Aadarsh Nagar, Ramwadi, Nashik ….Petitioner versus

This Judgment has been modified by speaking to the minutes of the order dated 13th

WITH

WRIT PETITION NO.8465 OF 2021 Amol Prabhakar Gaikwad Age: 34 years, Occu: Service R/at Flat No. 8, Suvinit Residency Pingale Mala, Ramkrishna Nagar Makhmalabad Road, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.770 OF 2019 Dnyaneshwar Sakharam Shinde Age : 33 years, Occu: Service R/at Room No. 9, Shriram Row House, Near Vikrivar Bhavan, Anand Nagar, Pathardi Phata, Nashik ….Petitioner versus

WITH

This Judgment has been modified by speaking to the minutes of the order dated 13th WRIT PETITION NO.62 OF 2019 Jagatrao Lota Bagul Age : 47 years, Occu : Service R/at Near Savatanagar Garden, CIDCO, Nashik ….Petitioner versus 2. The State of Maharashtra ….Respondents.

WITH

WRIT PETITION NO.8453 OF 2021 Abhiman Pandharinath Kale Age : 35 years, Occu: Service R/at Gopal Nagar Pumping Station, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.429 OF 2019 Santosh Bhaskar Ghodake Age: 42 years, Occu : Service R/at Palihill Apartment Flat No. 1, Narhari Nagar, Pathardi Phata, Nashik ….Petitioner

This Judgment has been modified by speaking to the minutes of the order dated 13th versus

WITH

WRIT PETITION (ST) NO.29763 OF 2018 Shailesh Vishwanath Somvanshi Age : 44 years, Occu : Service R/at 3327, Korde Wada, Budhwar Peth, Old Nashik ….Petitioner versus

WITH

WRIT PETITION NO.12896 OF 2018 Hanuman Housrao Gholap Age : 37 years, Occu.: Service R/at N-41/V/C-1/13/13 Subhashchandra Bose Garden, Savata Naga, CIDCO, New Nashik ….Petitioner versus

This Judgment has been modified by speaking to the minutes of the order dated 13th

WITH

WRIT PETITION NO.8467 OF 2021 Deepak Maruti Thorat Age : 36 years, Occu : Service R/at Plot No. 136, Gat No. 193, Near Dilip Kirana, Behind Carbon Company, Shivaji Nagar, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.14544 OF 2018 Kiran Kalu Sabale Age : 43 years, Occ. : Service R/at N-41/ACD/1/15/9, Near Urdu School, Anand Nagar, Nashik. ….Petitioner versus

WITH

WRIT PETITION NO.8468 OF 2021 Bhushan Madhukar Junnare Age : 39 years, Occu : Service

This Judgment has been modified by speaking to the minutes of the order dated 13th R/at flat No.1, Radha Park, Shankar Nagar, Takali Road, Dwarka, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.180 OF 2019 Milind Dharmdas Gajbhiye Age :41 years, Occu: Service R/at ITI Colony Bungalow No.13, Pethe Nagar Road, Indira Nagar, Near Patil Garden, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.8470 OF 2021 Vijay Khandu Mandalik Age : 34 years, Occu.: Service R/at 1501 A, Shelke Galli, Sinnar, Nashik ….Petitioner versus

This Judgment has been modified by speaking to the minutes of the order dated 13th

WITH

WRIT PETITION NO.8455 OF 2021 Atul Bhikaji Motkari Age : 38 years, Occu : Service R/at Vinayak Apartment, Flat No. 2, Chowk No.3, Govind Nagar, Nashik. ….Petitioner versus

WITH

WRIT PETITION NO.8458 OF 2021 Yogesh Ramchandra Pawar Age : 38 years, Occu : Service R/at Pawan Nagar, CIDCO, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.83 OF 2019 Vilas Shantaram Shelke Age : 38 years, Occ. : Service R/at N-32/K-1/5/4,

This Judgment has been modified by speaking to the minutes of the order dated 13th Shanti Nagar Shopping Centre, CIDCO, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.464 OF 2019 Ansari Usman Ismail Age : 37 years, Occu : Service R/at Survey No. 67/A/1/16, Zeenat Nagar, Behind Aayesha Manzil, Vadala Gaon, Nashik ….Petitioner versus

WITH

WRIT PETITION (ST) NO.30016 OF 2018 Chandrakant Vishnu Thorat Age : 42 years, Occu: Service R/at Singapore Garden, Thorat Mala, Takali Road Dwarka, Nashik. ….Petitioner versus

This Judgment has been modified by speaking to the minutes of the order dated 13th

WITH

WRIT PETITION NO.524 OF 2019 Hemant Murlidhar Jadhav Age : 37 years, Occu: Service R/at “Jankai”, N-42-V-A 1/1/6 Savata Nagar, CIDCO, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.8464 OF 2021 Laxman Baburao Gelaye Age: 44 years, Occu: Service R/at Near Yashoda Society, Bajrang Vadi, Nasardi Pool, Pune Road, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.533 OF 2019 Vitthal Ramdas Shelar Age: 35 years, Occu: Service R/at Flat No.4, Dhanashri Apartment,

This Judgment has been modified by speaking to the minutes of the order dated 13th Ekdant Nagar, Burkule Hall, Uttamnagar, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.776 OF 2019 Prabhakar Rangnath Ugale Age : 56 years, Occu : Service R/at Talathi Colony, Dindori Road, Nashik, MERI. ….Petitioner versus

WITH

WRIT PETITION (ST) NO.30082 OF 2018 Vijay Nivrutti Kothule Age : 41 years, Occu : Service R/at Jejurkar Galli, Takali Road, Dwaraka, Nashik ….Petitioner versus

This Judgment has been modified by speaking to the minutes of the order dated 13th

WITH

WRIT PETITION NO.532 OF 2019 Pramod Ramesh Bhadake Age: 41 years, Occu: Service R/at Flat No. 88, Krishna Apartment Trimbak Road, Behind Hotel “Sebal” Nashik ….Petitioner versus

WITH

WRIT PETITION NO.525 OF 2019 Dnyaneshwar Vasudev Badgujar Age: 30 years, Occu : Service R/at Bunglow No. 132, Suryoday Colony Savatanagar, CIDCO, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.14549 OF 2018 Anil Lahanu Patil Age: 44 years, Occu : Service

This Judgment has been modified by speaking to the minutes of the order dated 13th R/at Pathardi Phata, Mumbai Agra Road, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.527 OF 2019 Kailas Ramdas Vazare Age : 37 years, Occu : Service R/at Vazare Bungalow, Near Purandare Hospital, Bhabha Nagar, Nashik ….Petitioner versus

WITH

WRIT PETITION NO.10526 OF 2019 Dilip Devlal Badgujar Age : 36 years, Occu: Service R/at Kamal Pushpa Apartment, Flat No. 16, Near Shani Mandir, Panchak Jail Road, Nashik Road. ….Petitioner versus

This Judgment has been modified by speaking to the minutes of the order dated 13th

WITH

WRIT PETITION NO.1776 OF 2024 1. Gaurav Madan Bhangare Age : 36 years, Occu : Service R/at House No.4065, Patil Galli, Budhwar Peth, Nashik-422001 2. Ambadas Hari Khetade Age : 45 years, Occu: Service R/at:- 25/808/809, Bharat nagar, Near Anganwadi School, Pathardi wadala Road, Nashik-422006 3. Avinash Seshrao Wankhede Age: 38 Occu: Service R/at: jaihind colony, Mahajan nagar, Ambad link load, CIDCO Nashik-422009 4. Haider Abdul Razzak Baig Age : 50 years Occu: Service R/at: 3187 birbal Akhadachowk Manali, Nashik-422001

This Judgment has been modified by speaking to the minutes of the order dated 13th 5. Pradeep Nimba Patil Age : 38 years, Occu: Service R/at: kamatwade CIDCO, 6. Yogesh Balasaheb Kanade Age: 47 years Occu: Service R/at: shankarnagar, takali road, Dwarka, Nashik-422009 7. Shyam Kishor Aaware Age : 39 years, Occu: Service R/at: Shivajinagar, Satpur, Nashik-422007 8. Laxman Vasant Chavan Age : 41 years, Occu: Service R/at Hanuman Chowk, Satvtanagar CIDCO, Nashik-422009 9. Amol Prabhakar Gaikwad Age: 39 years, Occu: Service R/at-Ingalemala, Ramkrishna nagar, Nashik-422003 10. Dnyaneshwar Sakharam Shinde

This Judgment has been modified by speaking to the minutes of the order dated 13th Age : 40 years, Occu: Service R/at- Anandnagar, Patradiphata Nashik-422010. 11. Jagatrao Lota Bagul Age:-52 years, Occu: Service R/at-Sautanagar, CIDCO, 12. Abhiman Pandharinath Kale Age : 40 years, Occu: Service R/at-Sinnarphata, Nashik road 13. Santosh Bhaskar Ghodake Age : 47 years, Occu: Service R/at Phatradiphata, Nashik 14. Hanuman Housrao Gholap Age : 42 years Occu: Service R/at Sautannagar, CIDCO, 15. Deepak Maruti Thorat Age : 41 years Occu: Service R/at Behind carbon Company,

This Judgment has been modified by speaking to the minutes of the order dated 13th 16. Kiran Kalu Sabale Age:47 years, Occu: Service R/at: Anand Nagar, CIDCO, Nashik-4220011 17. Bhushan Madhukar Junnare Age: 44 years, Occu: Service R/at: Shankarnagar, Dwarka, 18. Milind Dharmdas Gajbhiye Age: 46 years, Occu: Service R/at: Near Patil Garden, Nashik 19. Vijay Khandu Manadlik Age: 39 years Occu: Service R/at: Near Mirchi Hotel, Aurangabad Road, Nashik-422003 20. Atul Bhikaji Motkari Age : 43 years, Occu: Service

This Judgment has been modified by speaking to the minutes of the order dated 13th R/at: Govindnagar, 21. Vilas Shantaram Shelke Age: 46 years Occu: Service R/at: Badadenagar, CIDCO 22. Ansari Usman Ismail Age: 42 years Occu: Service R/at: Wadalagaon, Nashik-422008 23. Chandrakant Vishnu Thorat Age : 47 years Occu: Service R/at : Shankar Nagar, Dwarka, 24. Hemant Murlidhar Jadhav Age: 42 years, Occu: Service R/at Sautanagar, CIDCO, 25. Prabhakar Ranganath Ugale Age: Adult, Occu: Service R/at-8, Talathi Colony, MERI Colony, Nashik-422004

This Judgment has been modified by speaking to the minutes of the order dated 13th 26. Vitthal Ramdas Shelar Age: 40 years Occu: Service R/at : More mala, Ambad, Nashik-422101 27. Dnyaneshwar Vasudev Badgujar Age: 35 years Occu: Service R/at: Sautanagar, CIDCO, 28. Dilip Devlal Badgujar Age : 41 years, Occu: Service R/at: Panchak, Jailroad, Nashik-422101 29. Yogesh Ramchandra Pawar Age : 43 years, Occu: Service R/at- Sautanagar, CIDCO, 30. Pramod Ramesh Bhadke Age : 46 years, Occu: Service R/at Trimbak Road, near Sibal Hotel Nashik-422005 31. Laxman Baburao Gelaye Age-49 years, Occu: Service

This Judgment has been modified by speaking to the minutes of the order dated 13th R/at: Bajrangwadi, Nashik-422011 32. Sanjay Narayan Khandekar Age: 56 years, Occu: Service R/at Ramawadi, Panchwati, Nashik-422003 ….Petitioners versus 1. The Nashik Municipal Corporation & Anr. 2. Labour Commissioner, Nashik. 3. The State of Maharashtra ….Respondents Mr. Shriram S. Kulkarni, Advocate for the Petitioner. Mr. M.L. Patil, Advocate for the Respondent No.1. Mr. M.M. Pabale, AGP for Respondents in WP/11882/2018. Mr. Pooja Joshi Deshpande, AGP for Respondent-State in WP/14733/2018. P.N. Diwan, for Respondent-State in WP/1770/2024. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ. DATE : 12th FEBRUARY, 2025

This Judgment has been modified by speaking to the minutes of the order dated 13th

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), (b[1]), (b[2]), (b[3]) and (b[4]), 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. This Judgment has been modified by speaking to the minutes of the order dated 13th (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 This Judgment has been modified by speaking to the minutes of the order dated 13th (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 respondent Nashik Municipal Corporation has also passed resolution No. 136 dated 14.5.2008 Exh. U-23/2 to absorb the complainants in the regular employment of the respondent Municipal Corporation. As per the aforesaid resolutions, the respondent Nashik Municipal Corporation should have absorbed the complainants as permanent employee after obtaining sanction for of the said post from Govt. of Maharashtra, but nothing has been done to that effect and continued the complainants on daily wages. (38) In the result I pass the following order.

1. The Complt. ULP Nos. 16/2010 to 26/2010 are hereby partly allowed. This Judgment has been modified by speaking to the minutes of the order dated 13th

2. It is hereby declared that the respondent Nashik Municipal Corporation, has committed unfair labour practices under Items 5,[6] 9 and 10 of Sch.IV of the MRTU & PULP Act, 1971 by not sending the proposal of the complainants to the Govt. of Maharashtra for sanction/creation of the posts of the complainants on which they are working since years together on daily wages. The respondents are hereby directed to cease and desist from continuing the same forthwith.

3. The respondent Nashik Municipal Corp. is further directed to send proposal as early as for making permanent to the complainant on the post on which he is working for years together on daily wages, in accordance with the resolutions dt.31.03.2008 and dt.14.5.2008 passed by the Standing Committee & Mahasabha of the respondent Nashik Municipal Corporation and after getting sanction from the Government of Maharashtra, the complainant shall be made permanent in the0 services.”

6. The Municipal Council approached the learned Single Judge Bench of this Court under Article 227 of the Constitution of India. By a common judgment dated 3rd August, 2012 (the first Writ Petition being No. 3225 of 2012), the Writ Petitions were disposed off directing the Municipal Council to initiate steps for sending the proposal for creation of posts and absorptions.

7. The Nagar Sachiv (Municipal Secretary), Nashik Municipal Corporation, conveyed the Resolution No.717 passed by the General Body, vide communication dated 20th July, 2021 to the This Judgment has been modified by speaking to the minutes of the order dated 13th Commissioner that steps will have to be initiated and all these persons, including those persons working in the technical departments who were daily wagers, will have to be taken into account for payment of commensurate wages. The Municipal Secretary once again forwarded a communication dated 17th November, 2011 to the Commissioner narrating the Resolution No. 1083 passed by the General body for absorption of the daily wagers working in various departments, including the consideration of the roster backlog while granting regularization. The resolution also speaks about the request to the Government for creation of posts and relaxation of the age limit since the employees have been working for years together.

8. In pursuance to the above, the Municipal Commissioner, Nashik addressed a communication dated 16th December, 2011 to the Principal Secretary, Urban Development Department UD-25 Mantralaya, Mumbai. However, things did not progress thereafter. Hence, some of the daily wagers working in various departments, moved a representation to the Commissioner on 10th December, 2014 requesting for creation of posts and their regularization, including the present Petitioners. The Municipal This Judgment has been modified by speaking to the minutes of the order dated 13th Corporation conveyed to the Urban Development Department vide communication dated 9th December, 2015 that posts will have to be created in view of the judgment of the Industrial Court as well as the learned Single Judge of this Court. The Deputy Secretary, Urban Development Department conveyed to the Commissioner vide communication dated 15th February, 2016 that the creation of posts is not yet approved. The establishment expenses of the Corporation have exceeded the prescribed limit accorded by the State Government order dated 4th May, 2006 and since there are infrastructural developments being made in the Nashik Municipal Corporation, the proposal for creation of posts should be reviewed.

9. The General Body once again passed a Resolution No.586 dated 14th October, 2016 recommending creation of posts and formalisation of the staffing pattern, afresh for the Group A, B, C, D employees.

10. Earlier, the Government had sanctioned some posts and the Corporation had issued an order dated 14th May, 2002 granting regularization to some wireman and some helpers. This was followed by another order passed on 10th May, 2003 and 1338 This Judgment has been modified by speaking to the minutes of the order dated 13th workers were regularized. Further, an order was passed on 6th June, 2007, by which Wireman and Helpers and Assistant Junior Engineers (Electricity), were also granted the regularization. This was followed by an order dated 1st April, 2008 granting regularization to the Assistant Junior Engineer (Electricity), Wireman and Helpers. Needless to state, the Corporation issued such orders of regularization only after the Government created the posts. There are further orders passed by the Corporation granting regularization whenever the Government created posts.

11. In Mukhyadhikari, Nagar Parishad, Tuljapur Vs. Vishal Vijay Amrutrao and Others, 2015 (5) Mh.L.J.75, Municipal Council Tuljapur through its Chief Officer versus Baban Hussain Dhale along with a group of Writ Petitions, decided on 26th February, 2015 in Writ Petition No.1843 of 2015 and Municipal Council, Tirora and Another Vs. Tulsidas Baliram Bindhade, 2016 (6) Mh.L.J.867, this Court has consistently ruled that there cannot be autoregularization of daily wagers by applying the provisions of the Model Standing Orders framed under the Industrial Employment (Standing Orders) Act, 1946 by applying the principle of completion of 240 days in one calendar year in continuous employment as a This Judgment has been modified by speaking to the minutes of the order dated 13th temporary or a daily wager.

12. It has been ruled that in any State instrumentality, a proposal of available daily wage workers as per their seniority and their departments, will have to be tendered to the Government. Posts will have to be created by the Government. Going by the seniority of the daily wagers, the regularization will be granted. If the posts are exhausted and yet, a list of daily wagers is still awaiting regularization, the State was expected to create further posts and as and when such posts became available, such daily wagers were to be absorbed strictly in accordance with their seniority, in a staggered manner. This has also been done earlier in the case of the Nashik Municipal Corporation considering the above-referred orders.

13. It also cannot be overlooked that a handful of daily wagers are before this Court as Petitioners. There may be several daily wagers who have not approached the Courts. We are conscious of the fact that we cannot grant permanency to these Petitioners alone, only because they are before us, oblivious of those who are not before the Court and could be senior to the present Petitioners, in the list of daily wagers/ temporaries. This Judgment has been modified by speaking to the minutes of the order dated 13th

14. The learned Advocate for the Petitioners, in order to indicate the length of service of these Petitioners, has tendered a ready reference chart which is reproduced hereunder: Sr. No. Writ Petition No. Name of the Petitioner of birth of joini ng (Con tract or) Age at the time of Joini ng Qualif i cation of contrac t Expire d on Nature of appointme nt of Contin uation by Corpor ation Currently working of supera nnuati on 1 WP/ 64/2019 AMBADA S HARI KHETADE 1.06. 1.06. 19 11th pass 31.01. Valve men 01.02. 2 WP/ 14544/20 KIRAN KALU SABALE 21.0 8.19 5.08. 21 7th pass e holder 31.01. 3 WP/ 63/2019 SANJAY NARAYA N KHANDE KAR 30.[1] 0.19 1.10. 31 9th pass 31.01. 4 WP/ 464/2019 ANSARI USMAN ISMAI 02.0 8.19 1.06. 17 10th Fail Licen se holder 31.01. men 1.06.[2] 5 WP/ 8455/202 ATUL BHIKAJI MOTKARI 1.09. 3.08. 18 9th pass e holder 31.01. men 1.09.[2] 6 WP/ 776/2019 PRABHA KAR RANGNA TH UGALE 15.0 4.16 1.10. 37 B. Retire d 7 WP/ 8465/202 AMOL PRABHA KAR GAIKWA D 31.[1] 0.19 9.03. 17 12th 8 WP/ 8462/202 YOGESH BALASAH EB KANADE 19.0 5.19 01.0 4.20 26 10th pass 31.01. 9 WP(ST)/ 30016/20 CHANDR AKANT VISHNU THORAT 06.0 5.19 01.0 4.20 26 8th pass 31.01. 10 WP(ST)/ 30082/20 VIJAY NIVRUTTI KOTHULE 11.0 6.19 01.0 4.20 26 10th pass e holder 31.01. 11 WP/ 14733/20 HAIDER ABDUL 04.0 6.19 01.0 7.20 29 9th pass 31.01. This Judgment has been modified by speaking to the minutes of the order dated 13th 18 RAZZAK BAIG 73 02 Licens e holder 12 WP(St) No.3002 9 of

6.19 01.0

7.20 28 9th pass e holder 31.01. 13 WP/ 83/2019 VILAS SHANTAR AM SHELKE 03.0 3.19 30.0 7.20 23 9th pass 31.01. men 03.03. 14 WP/ 532/2019 PRAMOD RAMESH BHADAK E 06.0 9.19 08.0 2.20 26 4th pass 31.01. 15 WP/ 770/2019 DNYANE SHWAR SAKHAR AM SHINDE 28.[1] 2.19 11.06.200 20 9th pass 31.01. men 28.12. 16 WP/ 180/2019 MILIND DHARMD AS GAJBHIY E 02.0 1.19 10.0 8.20 26 10th pass ITI 31.01. men 02.01. 17 WP/ 8467/202 DEEPAK MARUTI THORAT 01.0 6.19 01.11.200 21 12th pass e holder 31.01. men 01.06. 18 WP/ 14420/20 GAURAV MADAN BHANGA R 13.0 3.19 13.0 4.20

18 B com 31.01. operator 13.03. 19 WP/ 8470/202 VIJAY KHANDU MAHADI K 29.0 9.19 10.0 2.20 21 9th pass 31.01. men 29.09. 20 WP/ 524/2019 HEMANT MURLIDH AR JADHAV 17.0 2.19 01.0 3.20 24 31.01. operator 17.02. 21 WP/ 8458/202 YOGESH RAMCHA NDRA PAWAR 04.0 8.19 01.0 3.20 25 12th pass ITI 31.01. 22 WP/ 525/2019 DNYANE SHWAR VASUDE V BADGUJA R 19.[1] 1.19 01.0 3.20 17 12th pass 31.01. men 19.11. 23 WP/ 429/2019 SANTOSH BHASKA R GHODAK E 05.0 6.19 01.0 3.20 29 12th pass 31.01. men 05.06. 24 WP/ 533/2019 VITHHAL RAMDAS SHELAR 26.0 6.19 01.0 3.20 22 9th pass e holder 31.01. operator 26.06. 25 WP/ 8468/202 BHUSHA N MADHUK AR JUNNARE 1.12. 01.0 3.20 26 12th pass ITI 31.01. operator 1.12.[2] 26 WP/ 10526/20 DILIP DEVLAL BADGUJA 06.0 1.19 01.0 3.20 23 12th pass ITI 31.01. operator 06.01. This Judgment has been modified by speaking to the minutes of the order dated 13th R 27 WP/ 61/2019 PRADEEP NIMBA PATI 23.0 7.19 01.0 3.20 20 10th pass e holder 31.01. operator 23.07. 28 WP/ 12896/20 HANUMA N HOUSRA O GHOLAP 05.0 8.19 01.0 3.20 24 12th pass 31.01. men 05.08. 29 WP/ 8453/202 ABHIMA N PANDHA RINATH KALE 09.0 1.19 01.0 3.20 22 12th pass ITI 31.01. operator 09.01. 30 WP/ 14549/20 ANIL LAHANU PATIL 19.0 5.19 01.0 3.20 31 12th pass 31.01. operator DEAD 31.10. 31 WP/ 1603/201 SHARAD DATTATR AYA WAGH 03.[1] 1.19 01.0 3.20 27 BA pass 31.01. 03.11. 32 WP/ 62/2019 JAGATRO LOTA BAGUL 1.06. 01.0 3.20 34 11th pass 31.01. operator 1.06.[2] 33 WP(ST)/ 29763/20 SHAILES H VISHWAN ATH SOMVAN SHI 03.0 3.19 12.0 3.20 31 7TH PASS 31.01.

9.19 28.0 6.20 21 6th pass 31.01. 35 WP/ 11882/20 AVINASH SHESHRA O WANKHE DE 25.[1] 1.19 13.0 7.20 20 12th pass 31.01. operator 25.11. 36 WP/ 527/2019 KAILAS RAMDAS VAZAR 08.0 5.19 26.[1] 0.20 25 12th pass 31.01. men 08.05. 37 WP/ 1586/201 LAXUMA N VASANT CHAVAN 10.[1] 0.19 01.0 3.20 23 BA

15. It is, thus, obvious that these Petitioners and several other daily wagers who are not before the Court, have been working through Contractors since 1997 onwards, when they were about 18 to 19 years of age. After the contracts of the Contractors with the Municipal Corporation expired, they were continued directly on the rolls of the Municipal Corporation, but as temporaries/daily wagers. This Judgment has been modified by speaking to the minutes of the order dated 13th All of them are working in various departments of the Corporation.

16. There is no dispute that the nature of duties performed by these daily wagers who are before the Court, as well as, not before the Court, is of a perennial character and the Municipal Corporation needs the services of such persons since the duties performed by them are an inherent part of the sovereign functions of the Municipal Corporation. All these temporaries/daily wagers are working in activities which are a part of extending civic amenities to the residents of the Nashik District. Such duties are integral and fundamental to the functioning of a Corporation. As such, these nature of duties would last until the Corporation is legally obliged to extend civic amenities to the residents of the Nashik District under the Corporation.

17. In the above backdrop, daily wagers who have spent a lifetime working in such departments for the Corporation, some of whom have already passed away and some have attained the age of superannuation, have a legitimate right to regularisation. The State Government is obliged to create posts for such daily wagers. Recently, the Hon’ble Supreme Court has delivered a judgment in This Judgment has been modified by speaking to the minutes of the order dated 13th Jaggo versus Union of India and Others, and Anita and Others versus Union of India and Others, 2024 SCC OnLine SC 3826. The Hon’ble Supreme Court has made a reference to the judgment delivered by the Court in Secretary, State of Karnataka and Others versus Umadevi and Others, 2006 4 SCC OnLine SC 407, wherein a one time scheme for absorption of daily wagers, who had been working for 10 years or more, was directed.

18. In Jaggo (supra), the Hon’ble Supreme Court concluded that the judgment in Umadevi (supra) cannot be used as a shield for refusing regularization or permanency to the daily wagers who have been working for several years. We deem it appropriate to reproduce Paragraph No.18 to 28 of the judgment in Jagoo (supra) hereunder: “18. The appellants have also established that individuals with lesser tenure or comparable roles were regularized by the respondents. The counsel for the appellants had submitted a seniority list for employees working as the Multi-Tasking Staff published by the Respondent Department on 04.03.2024 wherein the following employees were a part of the staff without the required educational qualification:

Qualificatio n Category Date of Continuous CWC This Judgment has been modified by speaking to the minutes of the order dated 13th Service posts

1. Krishna s/o Lt. Khajan Singh Illiterate 26.07.1988 Permanent SC

2. Naresh Devi w/o Ld. Surendra Kumar Illiterate 29.10.1991 Permanent Gen

3. Shiv Kumar s/o Lt. Pratap Singh Illiterate 08.09.1994 Permanent SC

4. Radhe Shyam s/o Lt. Sadhu Ram Maurya Illiterate 30.05.2012 Permanent OBC

5. Raju s/o Shri Banshi Lal Illiterate 12.07.1994 Permanent SC

6. Shahjad Ali s/o Naushad Ali Illiterate 01.07.2010 Permanent Gen

7. Punam w/o Lt. Raj Kumar Illiterate 21.09.2015 Permanent SC

8. Nirmala w/o Lt. Raju Illiterate 02.02.2022 Temporary SC A bare perusal of the aforementioned list shows the preferential treatment accorded to these individuals, despite their shorter service durations and no educational qualification. This exemplifies discriminatory behaviour and lack of uniformity in the respondent department's approach. Such disparity violates the principles of equality enshrined in Articles 14 and 16 of the Constitution of India and cannot be sustained in law. This Judgment has been modified by speaking to the minutes of the order dated 13th

19. It is evident from the foregoing that the appellants' roles were not only essential but also indistinguishable from those of regular employees. Their sustained contributions over extended periods, coupled with absence of any adverse record, warrant equitable treatment and regularization of their services. Denial of this benefit, followed by their arbitrary termination, amounts to manifest injustice and must be rectified.

20. It is well established that the decision in Uma Devi (supra) does not intend to penalize employees who have rendered long years of service fulfilling ongoing and necessary functions of the State or its instrumentalities. The said judgment sought to prevent backdoor entries and illegal appointments that circumvent constitutional requirements. However, where appointments were not illegal but possibly “irregular,” and where employees had served continuously against the backdrop of sanctioned functions for a considerable period, the need for a fair and humane resolution becomes paramount. Prolonged, continuous, and unblemished service performing tasks inherently required on a regular basis can, over the time, transform what was initially ad-hoc or temporary into a scenario demanding fair regularization. In a recent judgment of this Court in Vinod Kumar v. Union of India, it was held that held that procedural formalities cannot be used to deny regularization of service to an employee whose appointment was termed “temporary” but has performed the same duties as performed by the regular employee over a considerable period in the capacity of the regular employee. The relevant paras of this judgment have been reproduced below: “6. The application of the judgment in Uma Devi (supra) by the High Court does not fit squarely with the facts at hand, given the specific circumstances under which the appellants were employed and have continued their service. The reliance on procedural formalities at the outset cannot be used to perpetually deny substantive rights that have accrued over a considerable period through continuous service. Their promotion was based on a This Judgment has been modified by speaking to the minutes of the order dated 13th specific notification for vacancies and a subsequent circular, followed by a selection process involving written tests and interviews, which distinguishes their case from the appointments through back door entry as discussed in the case of Uma Devi (supra).

7. The judgment in the case Uma Devi (supra) also distinguished between “irregular” and “illegal” appointments underscoring the importance of considering certain appointments even if were not made strictly in accordance with the prescribed Rules and Procedure,cannot be said to have been made illegally if they had followed the procedures of regular appointments such as conduct of written examinations or interviews as in the present case...”

21. The High Court placed undue emphasis on the initial label of the appellants' engagements and the outsourcing decision taken after their dismissal. Courts must look beyond the surface labels and consider the realities of employment: continuous, long-term service indispensable duties, and absence of any mala fide or illegalities in their appointments. In that light, refusing regularization simply because their original terms did not explicitly state so, or because an outsourcing policy was belatedly introduced, would be contrary to principles of fairness and equity.

22. The pervasive misuse of temporary employment contracts, as exemplified in this case, reflects a broader systemic issue that adversely affects workers' rights and job security. In the private sector, the rise of the gig economy has led to an increase in precarious employment arrangements, often characterized by lack of benefits, job security, and fair treatment. Such practices have been criticized for exploiting workers and undermining labour standards. Government institutions, entrusted with upholding the principles of fairness and justice, bear an even greater responsibility to avoid such exploitative employment practices. When public sector entities engage in misuse of temporary contracts, it not only mirrors the detrimental trends observed in the gig economy but also sets a concerning precedent that can erode public trust in This Judgment has been modified by speaking to the minutes of the order dated 13th governmental operations.

23. The International Labour Organization (ILO), of which India is a founding member, has consistently advocated for employment stability and the fair treatment of workers. The ILO's Multinational Enterprises Declaration[6] encourages companies to provide stable employment and to observe obligations concerning employment stability and social security. It emphasize that enterprises should assume a leading role in promoting employment security, particularly in contexts where job discontinuation could exacerbate long-term unemployment.

24. The landmark judgment of the United State in the case of Vizcaino v. Microsoft Corporation[7] serves as a pertinent example from the private sector, illustrating the consequences of misclassifying employees to circumvent providing benefits. In this case, Microsoft classified certain workers as independent contractors, thereby denying them employee benefits. The U.S. Court of Appeals for the Ninth Circuit determined that these workers were, in fact, commonlaw employees and were entitled to the same benefits as regular employees. The Court noted that large Corporations have increasingly adopted the practice of hiring temporary employees or independent contractors as a means of avoiding payment of employee benefits, thereby increasing their profits. This judgment underscores the principle that the nature of the work performed, rather than the label assigned to the worker, should determine employment status and the corresponding rights and benefits. It highlights the judiciary's role in rectifying such misclassifications and ensuring that workers receive fair treatment.

25. It is a disconcerting reality that temporary employees, particularly in government institutions, often face multifaceted forms of exploitation. While the foundational purpose of temporary contracts may have been to address short-term or seasonal needs, they have increasingly become a mechanism to evade long-term obligations owed to employees. These practices manifest in several ways: This Judgment has been modified by speaking to the minutes of the order dated 13th • Misuse of “Temporary” Labels: Employees engaged for work that is essential, recurring, and integral to the functioning of an institution are often labeled as “temporary” or“contractual,”even when their roles mirror those of regular employees. Such misclassification deprives workers of the dignity, security, and benefits that regular employees are entitled to, despite performing identical tasks. • Arbitrary Termination: Temporary employees are frequently dismissed without cause or notice, as seen in the present case. This practice undermines the principles of natural justice and subjects workers to a state of constant insecurity, regardless of the quality or duration of their service. • Lack of Career Progression: Temporary employees often find themselves excluded from opportunities for skill development, promotions, or incremental pay raises. They remain stagnant in their roles, creating a systemic disparity between them and their regular counterparts, despite their contributions being equally significant. • Using Outsourcing as a Shield: Institutions increasingly resort to outsourcing roles performed by temporary employees, effectively replacing one set of exploited workers with another. This practice not only perpetuates exploitation but also demonstrates a deliberate effort to bypass the obligation to offer regular employment. • Denial of Basic Rights and Benefits: Temporary employees are often denied fundamental benefits such as pension, provident fund, health insurance, and paid leave, even when their tenure spans decades. This lack of social security subjects them and their families to undue hardship, especially in cases of illness, retirement, or unforeseen circumstances. This Judgment has been modified by speaking to the minutes of the order dated 13th

26. While the judgment in Uma Devi (supra) sought to curtail the practice of backdoor entries and ensure appointments adhered to constitutional principles, it is regrettable that its principles are often misinterpreted or misapplied to deny legitimate claims of long-serving employees. This judgment aimed to distinguish between “illegal”and“irregular” appointments. It categorically held that employees in irregular appointments, who were engaged in duly sanctioned posts and had served continuously for more than ten years, should be considered for regularization as a one-time measure. However, the laudable intent of the judgment is being subverted when institutions rely on its dicta to indiscriminately reject the claims of employees, even in cases where their appointments are not illegal, but merely lack adherence to procedural formalities. Government departments often cite the judgment in Uma Devi (supra) to argue that no vested right to regularization exists for temporary employees, overlooking the judgment's explicit acknowledgment of cases where regularization is appropriate. This selective application distorts the judgment's spirit and purpose, effectively weaponizing it against employees who have rendered indispensable services over decades.

27. In light of these considerations, in our opinion, it is imperative for government departments to lead by example in providing fair and stable employment. Engaging workers on a temporary basis for extended periods, especially when their roles are integral to the organization's functioning, not only contravenes international labour standards but also exposes the organization to legal challenges and undermines employee morale. By ensuring fair employment practices, government institutions can reduce the burden of unnecessary litigation, promote job security, and uphold the principles of justice and fairness that they are meant to embody. This approach aligns with international standards and sets a positive precedent for the private sector to follow, thereby contributing to the overall betterment of labour practices in the country.

28. In view of the above discussion and findings, the This Judgment has been modified by speaking to the minutes of the order dated 13th appeals are allowed. The impugned orders passed by the High Court and the Tribunal are set aside and the original application is allowed to the following extent: i. The termination orders dated 27.10.2018 are quashed; ii. The appellants shall be taken back on duty forthwith and their services regularised forthwith. However, the appellants shall not be entitled to any pecuniary benefits/back wages for the period they have not worked for but would be entitled to continuity of services for the said period and the same would be counted for their post-retiral benefits.”

19. It is set out in the judgment in Jaggo(supra), that some of the daily wagers were also labelled as part time workers though they were working in continuous activities of the concerned Authority. The learned Advocate for the Municipal Corporation, though has vehemently opposed this Petition, frankly submits that the nature of duties performed by the daily wagers who are before the Court and also those who are not before the Court, are an integral part of the civic amenities.

20. Since the work is continuously available, the Corporation had written to the State Government on various occasions, seeking creation of posts. Considering the orders referred in the foregoing paragraphs, as and when the State Government created the posts, the Corporation granted regularization strictly as This Judgment has been modified by speaking to the minutes of the order dated 13th per the seniority of the daily wagers considering their dates of entry in the temporary/daily wage employment of the Corporation.

21. The learned AGP on behalf of the State, submits that the impugned order has been passed by the State since the Commissioner of the Municipal Corporation conveyed vide his letter dated 26th October, 2018 that ‘backdoor entries cannot be regularized in employment’ and for supporting such a statement, he relied upon the judgment of the Hon’ble Supreme Court as observed in Paragraph Nos.[9] and 10, which we are reproducing hereunder: "मा. सर्वो च्च न्यायालयाने तात्पुरत्या/अस्थायी निनयुक्त्यांबाबत नि लेल्या निन शांच्या अनुषंगाने शासनाने सामान्य प्रशासन निर्वोभाग शासन परिरपत्रक क्र. एसआरर्वोही-२००५/प्र.क्र.४७/०५/१२ नि नांक २५ ऑगष्ट, २००५ नुसार स र प ार्वोरील निनयुक्त्या Back door entry ने करता येणार नाही. र्वो निर्वोहीत मागाCने/माध्यमामार्फ C त करण्याचे निन श आहेत. या "मा. सर्वो च्च न्यायालयाच्या निनणCयातील संक्षिIप्तबाबी खालील प्रमाणे निन शCनास आणून ेण्यांत आलेल्या आहेत. Regularisation cannot be mode of recritment by any State within the meaning of Article 12. It is a settled proposition that the appointment made in violation of the mandatory provision of the statute and in particular ignoring the the minimum ducational qualificatin and other qualifications would be wholy illegal and such illegality cannot be cured by taking recourse of regularisation. b) Those who come by back door should go through that door. c) Regularisation further cannot be given to the employees whose services are ad-hoc in nature. d) No regulariation is permissible in exercises of the This Judgment has been modified by speaking to the minutes of the order dated 13th Statutory power conferred under Article 12 of the Constitution of India when the appointments are in contravention of the statutory rules. e) No regularisation is permissible in exercise of the statutory power conferred under Article 162 of the Constitution if the appointments have been made in contravention of the statutory rules. f) It is trite that appointments cannot be made on political considerations and in violation of the Government directions for reduction of establishment expenditure or filling up of vacant posts or creating new posts including regularisation of daily wage employees. g) There is no scope for regularisatin unless the appointment were made on a regular basis. h) If the employees are appointed for the purpose of a scheme, they do not acquire veste right of continuance after the project is over. १०) मा. सर्वो च्च न्यायालयाचे आ ेश पहाता सर्वोC प ांर्वोरील निनयुक्त्या निर्वोहीत मागाCने/माध्यमार्फ C त करण्याची Iता घ्यार्वोी. अत्यंत तातडीची गरज म्हणून तात्पुरत्या/अस्थायी निनयुक्त्या कराव्या लागल्या तर त्या निर्वोहीत र्वोेळेत संपृष्टात आणण्याची Iता घ्यार्वोी. तसेच अशा कमCचाऱ्यांनी त्यांना निनयनिमत सेर्वोेत सामार्वोून घेण्याची मागणी क े ल्यास ती मान्य करता येणार नसल्याचे त्यांना स्पष्टपणे सांगण्यात यार्वोे असे उक्त परिरपत्रकात निन श आहेत. बाहय यंत्रणेव् ारे कामे करुन घेणेबाबत शासनाने निन श असल्याने बुस्टर पंपींग स्टेशनसाठी आक ृ तीबंधामध्ये नव्याने निनमाCण क े लेल्या प ांची आर्वोश्यकता नाही. बुस्टर पंपींग स्टेशनर्वोर कायCरत कमCचारी यांची सेर्वोेत सामार्वोून घेणेबाबतची मागणीच्या अनुषंगाने महासभेने ठरार्वोाव् ारे मान्यता नि ली असली तरी, मा. सर्वो च्च न्यायालयाने नि लेल्या निन शामध्ये मागील ाराने कोणासही निनयुक्ती ेण्यात येऊ नये असे निन श नि लेले आहेत. याशिशर्वोाय जी सहजपणे बाहेरुन करुन घेता येतील अशी कामे शासकीय कमCचाऱ्यांकडून करुन घेण्याऐर्वोजी ती शक्यतो बाहय यंत्रणेकडून करुन घेणेबाबत शासनाचे आ ेश आहेत. तसेच शासन पत्र क्रमांकः नामपा- This Judgment has been modified by speaking to the minutes of the order dated 13th २०११/प्र.क्र.१८५/ननिर्वो-२५ नि नांक ०९ मे, २०१२ अन्र्वोये प्राप्त सूचनाप्रमाणे महानगरपालिलक े ने शासनास पाठनिर्वोलेल्या पत्र क्रमांकः आस्था/र्वोशिश/०४/२०१७ नि नांक ०४/०१/२०१७ अन्र्वोये मधील आक ृ तीबंधात अंतभूCत क े लेल्या स र प ांचा र्फ े र आढार्वोा घेता स रच्या प ांची महानगरपालिलक े स आर्वोश्यकता नसल्याचे स्पष्ट होत आहे. तसेच महानगरपालिलक े चा आस्थापना खचC हा शासनाने निर्वोनिहत क े लेल्या मयाC ेपेIा जास्त आहे. या बाबiमुळे बुस्टर पंपींग स्टेशनर्वोरील कमCचाऱ्याना महानगरपालिलका सेर्वोेत सामार्वोून घेता येणार नाही.” He, therefore, submits that keeping in view the growing expenditure on the establishment of the Corporation, the State has not entertained the request of the Corporation for creation of posts.

22. In Jaggo (supra), the Hon’ble Supreme Court has issued directions which are reproduced hereinabove. While issuing such directions, it has been observed in Paragraph Nos.26 and 27 that the selective application of Umadevi (supra), while considering the claims for regularization overlooking the judgment’s explicit acknowledgment that such cases have to be considered for regularization since employees have been working for longer durations, it was concluded that the terminated employees need to be reinstated in service, their pecuniary benefits and back wages ought to be paid, they should be granted continuity in service and they would also to be entitled for post retiral service benefits. This Judgment has been modified by speaking to the minutes of the order dated 13th

23. It cannot be overlooked that the Petitioners had approached the Industrial Court seeking regularization. The Industrial Court had directed the Corporation to forward the proposals of the daily wagers for permanency and service benefits. The learned Single Judge of this Court had disposed off the Petitions filed by the Corporation by sustaining the directions of the Industrial Court. In this backdrop, neither the Municipal Corporation nor the State Government could have thought of these cases, differently. There was no scope for the State Government to overlook the directions of the Industrial Court which were sustained by the learned Single Judge. In fact, any attempt to overlook such directions, amounted to disobedience of the order of this Court. So also, the law laid down in Mukhyadhikari, Nagar Parishad, Tuljapur (supra) and Municipal Council, Tirora and Another (supra), are guiding principles.

24. The defense taken by the State is that the establishment expenditure is beyond the permissible limit. We are thinking of the lives of these Petitioners and other daily wagers who are not before us, in the light of the Jaggo (supra). These are human beings who This Judgment has been modified by speaking to the minutes of the order dated 13th had spent their entire service lifetime in the Corporation. Some of them are working since the age of 18 years and have put in more than 35 years in service as daily wagers. Security of employment and retiral service benefits would alone enable these persons to keep their mind, body and soul together and survive the remainder life and sustain themselves, beyond retirement. Security of employment has its distinct and significant advantages and these people cannot be deprived of the same.

25. Therefore, these Writ Petitions are partly allowed. The impugned communications dated 26th October, 2018 and 4th February, 2019 are quashed and set aside and we issue the following directions:- (a) The Municipal Corporation shall prepare an updated list of all daily wagers working in various department, including contract labourers who have been shown to be working as contract labourers and are working for the Corporation on its rolls for a period of more than 10 years. For clarity, this list / proposal, would contain the names of all such daily wagers and contractual employees who have working for This Judgment has been modified by speaking to the minutes of the order dated 13th more than 10 years with the Corporation. (b) The proposal would indicate the dates of birth, the dates of being inducted for performing work for the Corporation through the Contractor. The proposal would also contain the dates on which these daily wagers were, later on, permitted to work in the service of the Corporation without the Contractor being in picture and the departments in which they are working.

(c) These proposals shall be forwarded to the State

Government within a period of 45 days, considering that the entire records of the Municipal Corporation are digitized. We will not grant a single day extension of time.

(d) The proposals, after being submitted to the Urban

Development Department, would be looked into in the light of the orders of the Industrial Court, the learned Single Judge, the Judgment of the Hon’ble Supreme Court in Jaggo (supra) and posts shall be created to accommodate such daily wagers. If the number of posts created by the State Government, are less than the number of persons who are working for 10 years or more with the Corporation, the post would be filled in as per This Judgment has been modified by speaking to the minutes of the order dated 13th seniority. The senior most daily wagers would be absorbed in employment on such posts and the residual persons in the list would await creation of further posts for regularization. (e) In so far as the Complainants in the ULP Complaints before the Industrial Court, notwithstanding that some of them have died or some have superannuated, they would be considered first for absorption after creation of posts, from the date of the judgment of the Industrial Court and they would be entitled for all monetary benefits, notwithstanding that some of them have died or some have superannuated, meaning thereby, that even LRs would be entitled to receive the benefits including retiral benefits. (f) Those who are not accommodated on account of shortfall in the number of posts created, as noted above, they would not be terminated only because they are temporaries. These directions would not be applicable to those who are working for periods less than 10 years. (g) Considering the law laid down in Chief Conservator of Forests and Another versus Jagannath Maruti Kondhare and This Judgment has been modified by speaking to the minutes of the order dated 13th Others, (1996) 2 SCC 293 and the recent judgement delivered by the Division Bench of this Court in Sandip Ganpat Hadbal versus The State of Maharashtra, (Interim Application No.1418 of 2024 in Writ Petition No.13177 of 2023), the Corporation shall initiate steps for payment of salaries/wages to all daily wagers commensurate to the lowest pay-scale available as per the minimum rates of wages payable to the regular employees of the Corporation performing the same nature of duties. (h) Government to take a decision and create posts within 120 days from receipt of the proposal from the Municipal Corporation.

26. Rule is made partly absolute in the above terms.

27. At the request of the learned Advocates for the Petitioners, we are listing these disposed off cases for recording compliance of our directions, in stages beginning with the submission of the proposal by the Corporation within 45 days, on 28th March, 2025. The further dates for recording compliance would This Judgment has been modified by speaking to the minutes of the order dated 13th be set out on the said date.

28. In so far as the Writ Petition No.1776 of 2024 at Serial No.903 is concerned, the learned Advocate for the Corporation makes a statement that the order passed by this Court on 6th March, 2024 has been complied with and the daily wagers are being paid salary as per the prescription of the Minimum Wages Act, 1948. Hence, the learned Advocate for the Petitioners submits on instructions that this Petition may be disposed off in the light of the said statement. Hence, this Writ Petition stands dismissed. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) This Judgment has been modified by speaking to the minutes of the order dated 13th