Sahebrao Daulatrao Nimbhorkar ... vs Municipal Council Through Its ...
2004 Latest Caselaw 1209 Bom

JUDGMENT

Kamdar S.U., J.

1. Rule. Heard forthwith by consent of parties.

2. By the present petition, the petitioners are seeking enforcement of the pay-scale recommended by the Vth pay commission. The respondent No. 1 has by resolution dated 13th September, 2000 adopted recommendation of Vth pay commission and has passed a resolution that the payment of Vth pay commission will be made to the municipal employees with effect from 1-1-1996. Pursuant thereto, on 26th June, 2003 the Collector has passed an order under Section 76(2) of the Maharashtra Municipalities Act granting approval to make the revised pay-scale payable in accordance with the Vth pay commission recommendations to the municipal employees. After a period of about three years from the date of passing of resolution on 18th September, 2003 the Municipal Council has suspended the earlier resolution and refused to comply with the same by paying pay-scale to its employees in accordance with the recommendations of the Vth pay commission. Two reasons are cited in the resolution. Firstly, the financial condition of the Council is likely to be affected if the pay-scales in accordance with the recommendations of Vth pay commission are applied. Secondly, the Council has decided that the applicability of revised pay-scales can be considered in the next year provided the employees effect tax recoveries to the extent of 80% during the current year.

3. After hearing the parties, we are of the opinion that once having accepted the recommendations of Vth pay commission by a resolution and after the approval thereto is granted by the Collector, it would not be open for the Municipal Council to suspend its earlier resolution on any ground whatsoever muchless on weaker financial condition and/or inadequate recovery of municipal taxes.

4. In the aforesaid circumstances, we find that the resolution dated 18th September, 2003 cannot be sustained. We accordingly quash and set aside the said resolution and make the rule absolute in terms of prayer Clause (i) and (ii) of the petition. We direct the Municipal Council to implement the recommendations of the Vth pay commission within a period of four weeks from today and pay all arrears due and payable in that behalf to its employees from 1-1-1996 within a period of six months from today. If the Municipal Council fails to make payment of arrears to its employees within the stipulated period, the petitioner-employees will be entitled to claim interest @ 6% per annum thereon. We dispose of the petition accordingly. However, there shall be no order as to costs.