Bombay High Court
The Municipal Coulcil And Another vs Tulsidas Baliram Bindhade on 16 December, 2016
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 5191 OF 2004
1] The Municipal Council, Tirora,
through its Chief Officer,
2] The President,
Municipal Council, Tirora,
District - Gondia. .... PETITIONERS
ig ...VERSUS...
Tulsidas Baliram Bindhade,
aged about 35 years,
R/o. Tirora, Distt. Gondia. RESPONDENT
AND
WRIT PETITION NO. 5199 OF 2004
1] The Municipal Council, Tirora,
through its Chief Officer,
2] The President,
Municipal Council, Tirora,
District - Gondia. .... PETITIONERS
...VERSUS...
Vibhoba Rajaram Bhandarkar,
aged about 45 years,
R/o. Tirora, Distt. Gondia. RESPONDENT
AND
WRIT PETITION NO. 5200 OF 2004
1] The Municipal Council, Tirora,
through its Chief Officer,
2] The President,
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Municipal Council, Tirora,
District - Gondia. .... PETITIONERS
...VERSUS...
Ratan Tulsiram Nagdeve,
aged about 35 years,
R/o. Tirora, Distt. Gondia. RESPONDENT
AND
WRIT PETITION NO. 5201 OF 2004
1] The Municipal Council, Tirora,
through its Chief Officer,
2] The President,
Municipal Council, Tirora,
District - Gondia. .... PETITIONERS
...VERSUS...
Kalu Mohammad Janmohammad
Sheikh (through L.Rs)
Shakilabee Kalu Mohd. Sheikh,
R/o. Killa Ward Tirora,
Tah. Tirora, Distt. Gondia. RESPONDENT
AND
WRIT PETITION NO. 5202 OF 2004
1] The Municipal Council, Tirora,
through its Chief Officer,
2] The President,
Municipal Council, Tirora,
District - Gondia. .... PETITIONERS
...VERSUS...
Vishwanath Pandurang Tumsare,,
aged about 44 years,
R/o. Tirora, Distt. Gondia. RESPONDENT
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AND
WRIT PETITION NO. 5203 OF 2004
1] The Municipal Council, Tirora,
through its Chief Officer,
2] The President,
Municipal Council, Tirora,
District - Gondia. .... PETITIONERS
...VERSUS...
Smt. Vithabai Bhiwa Nagrikar
(through L.Rs)
Shri Sadashio Bhiva Nagrikar,
R/o. Near Raut Photo Studio, Tirora,
Tah. Tirora, Distt. Gondia. RESPONDENT
AND
WRIT PETITION NO. 5204 OF 2004
1] The Municipal Council, Tirora,
through its Chief Officer,
2] The President,
Municipal Council, Tirora,
District - Gondia. .... PETITIONERS
...VERSUS...
Balakdas Sadhu Barekar
aged about 30 years,
R/o. Tirora, Distt. Gondia. RESPONDENT
AND
WRIT PETITION NO. 5205 OF 2004
1] The Municipal Council, Tirora,
through its Chief Officer,
2] The President,
Municipal Council, Tirora,
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District - Gondia. .... PETITIONERS
...VERSUS...
Smt. Sarojbai Sadashiv Chavan,
aged about 50 years,
R/o. Tirora, Distt. Gondia. RESPONDENT
AND
WRIT PETITION NO. 5207 OF 2004
1] The Municipal Council, Tirora,
through its Chief Officer,
2] The President,
Municipal Council, Tirora,
District - Gondia. .... PETITIONERS
...VERSUS...
Ashok Parasram Sansarede,
aged about 29 years,
R/o. Tirora, Distt. Gondia. RESPONDENT
AND
WRIT PETITION NO. 5520 OF 2004
1] The Municipal Council, Tirora,
through its Chief Officer,
2] The President,
Municipal Council, Tirora,
District - Gondia. .... PETITIONERS
...VERSUS...
Gopal Nanaji Bhimate
(through L.Rs)
Tanuja Gopal Bhimate,
aged about 25 years,
R/o. C/o. Municipal Concil, Gondia. RESPONDENT
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Shri Anoop Parihar, Advocate for Petitioners.
None for respondent.
-------------------------------------------------------------------------------------------
CORAM: R. K. DESHPANDE, J.
th
DATE : 16 DECEMBER, 2016 .
ORAL JUDGMENT
1] In all these matters, the following question was
referred for the decision of the larger Bench;
"Whether, in the absence of creation or sanction of
posts under Section 76 of the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial
Townships Act, 1965, the complainants were
entitled to claim permanency or regularization in
service on the basis of Clause 4C of the Model
Standing Orders under the Industrial Employment
(Standing Orders) Act, 1946?
The Division Bench has answered the said
reference by its common judgment and order dated
22.07.2016, as under;
"21. Thus, in the light of this discussion, it follows
that in absence of vacant sanctioned posts with the
Municipal Council, a workman who has put in
continuous service of 240 days or more in span of
12 months, can not invoke Clause 4C of the MSO to
claim either permanency or regularization. We
accordingly answer the question referred. Registry
to place the writ petitions before the learned Single
Judge as per roaster assignment for further
consideration."
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2] Shri Parihar, the learned counsel appearing for
the petitioners Municipal Council in all these matters submit
that in none of the complaints, there was a pleading and
proof of existence of posts sanctioned under Section 76 of
the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965 (in short "the said Act").
3] In the absence of any finding about the existence
of posts sanctioned under Section 76 of the said Act, the
Industrial Court has in all these matters committed an error in
holding that the complainants were entitled to regularization
in service upon completion of 240 days continuous service
during 12 calender months. The judgment and order passed
by the Industrial Court cannot, therefore, be sustained. The
same is required to be quashed and set aside and the
complaints filed by the respondents in all these matters are
required to be dismissed.
4] In the result, all these petitions are allowed. The
common judgment and order dated 20.03.2001 passed by
the Industrial Court in Complaint (ULP) Nos. 119, 112, 127,
114, 111, 125, 117, 123, 115 of 1989 and common judgment
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and order dated 26.04.2004 passed by the Industrial Court in
Review Application Nos. 6, 2, 10, 3, 1, 9, 5, 8, 4 of 2003,
along with the judgment and order dated 30.04.2004 passed
by the Industrial Court, Bhandara, in Complaint ULP No. 3 of
1996, are hereby quashed and set aside. The complaints
are dismissed. No order as to costs.
ig JUDGE
Rvjalit
