Bombay High Court
Nashik Mahanagar Palika Shramik ... vs Nashik Municipal Corporation ... on 2 February, 2022
Bench: Virendrasingh Gyansingh Bisht
14-WP-8730-2021
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8730 OF 2021
Nashik Mahanagar Palika Shramik
Sangh ..Petitioner
Vs.
Nashik Municipal Corporation & Ors. ..Respondents
Mr. Bhavesh Parmar a/w Mr. Vivekanand Akshali a/w Ms.
Reshma Nair i/by Mr. Devmani Shukla for petitioner.
Mr. M. L. Patil for respondent no.1.
Mr. M. M. Pable, AGP for State.
Mr. Sandeep Marne - Intervener (WP/5055/2016).
C0RAM: DIPANKAR DATTA, CJ &
V. G. BISHT, J.
DATE: FEBRUARY 2, 2022
PC:
1. Nashik Municipal Corporation has issued Detailed E-
Tender Notice No.01/02-2021-2022 inviting bids from
registered/experienced contractors in respect of the following
work: -
"Daily Municipal Solid Waste Collection from Nashik West
division and Transportation to Compost Plant at Pathardi
for five years from the date of work order."
2. The said E-Tender notice is under challenge in this writ
petition on the ground that registration obtained by the
Corporation under section 7 of the Contract Labour
14-WP-8730-2021
(Regulation and Abolition) Act, 1970 (hereafter "the said Act",
for short) has since been cancelled by the Assistant
Commissioner of Labour and Registering & Licensing Officer
under the said Act under section 8 thereof and, therefore, the
Corporation acted beyond its jurisdiction in seeking to employ
a contractor for the purpose of the aforesaid work.
3. On the previous occasion, i.e., 1st February, 2022 we had
recorded the submission of Mr. Marne, learned advocate, who
had intervened and assured to place before us the judgment
of the appellate authority under section 15 of the said Act
while disposing of an appeal by the Corporation against the
order of revocation of registration passed under section 8
thereof.
4. The appellate order dated 21st March, 2016 records in its
operative part as follows: -
": O R D E R :
The order of the Respondent dated 01.01.2016 is
stayed and set-aside subject to the following
conditions. If the following conditions are not met and
fulfilled by the Appellant, the order of the Respondent
will remain in force and appeal shall be treated as
rejected.
A. The Appellant shall implement the rates of the
Minimum Wages prescribed by the
Government of Maharashtra vide notification
dtd. 24.02.2015 to all the contract labours
14-WP-8730-2021
including Ghantagadi/safai workers with in a
period of fort night.
B. The Appellant shall communicate to the
Respondent regarding its intention to absorb
the Ghantagadi workers in a phased manner
i.e. within seven years of time limit on pro
rata basis.
C. Once this letter from Appellant Corporation is
received, the Respondent with the help of
Appellant's officers shall work out the time
frame policy, to identify and finalise the
seniority list of Ghantagadi workers in three
months time and publish the seniority list of
the required workers to be absorbed by the
Appellant.
D. The first phase of the identified workers shall
be absorbed in the permanent employment of
the Appellant within one years time from the
date of passing of this order."
5. Mr. Parmar, learned advocate appearing for the petitioner
submits that the conditions, subject to fulfillment whereof the
order of the appellate authority would remain enforceable,
have not been complied with by the Corporation; and,
therefore, it is the order of the registering authority dated 1 st
January, 2016 that is subsisting now.
6. Mr. Pable, learned AGP appears for the respondent no.2.
Due to want of instructions, Mr. Pable is not in a position to
apprise us as to whether conditions A to D in the aforesaid
14-WP-8730-2021
excerpt of the appellate order have been complied with by the
Corporation or not.
7. We call upon the respondent no.2 to file a short affidavit
indicating therein as to whether after the order dated 21st
March, 2016 of the appellate authority, the Corporation has
complied with the said four conditions (A to D) and also as to
whether the registration granted under section 7 of the said
Act in favour of the Corporation is being treated to be valid
and subsisting for all purposes.
8. Let such affidavit be filed by Tuesday next (8th February,
2022). List this writ petition on Wednesday next (9th
February, 2022).
(V. G. BISHT, J.) (CHIEF JUSTICE)
PRAVIN
DASHARATH
PANDIT
Digitally signed by
PRAVIN DASHARATH
PANDIT
Date: 2022.02.03
10:58:54 +0530
