Bombay High Court
Kalpana Vijay Bhagat And Ors vs Thane Municipal Corporation Thr The ... on 5 September, 2024
2024:BHC-AS:35863
Gayatri Shimpi 32-WP-4266-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4266 OF 2024
Kalpana Vijay Bhagat and Ors. ....Petitioners
V/s.
Thane Municipal Corporation Thr.
The Commissioner and Anr. ....Respondents
__________________________________________________________
Mr. Yogendra M. Pendse, Advocate for the Petitioners.
Mr.Ajit R. Pitale, Advocate for the Respondent.
___________________________________________________________
CORAM : SANDEEP V. MARNE, J.
Date : 5 SEPTEMBER 2024.
P.C. :
1) Rule. Rule made returnable forthwith. By consent of the
learned counsel appearing for parties, the Petition is taken up
for final hearing and disposal.
2) By this Petition, Petitioners challenge Judgment and
Order dated 27 September 2023 passed by Industrial Court,
Thane dismissing the Complaint ULP No.166 of 2010. The
complaint was filed by Petitioners for computing their services
rendered in Maharashtra Water Supply and Sewerage Board
(Board) for the purpose of award of selection grade and for pay
fixation by Thane Municipal Corporation.
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Gayatri Shimpi 32-WP-4266-2024.doc
3) I have heard Mr. Pendse, the learned counsel appearing
for Petitioners and Mr. Pitale, the learned counsel appearing for
Respondents.
4) After having considered the submissions canvassed by the
learned counsel appearing for parties and after going through
the findings recorded by the learned Member of the Industrial
Court, it clearly appears that the learned Member has not
correctly appreciated the grievance of the Petitioners, in the
light of terms and conditions of the agreement dated 1 May
1995. Two clauses of the agreement are relevant for the purpose
of the present case. Clauses 13 and 18 provide thus :-
(13) gLrkarj.kkr dkexkjkaph eaMGkdMhy lsok vkSn;ksfxd fookn
vf/kfu;ekaP;k dye 25 (Q) (Q) e/khy ijarqdkP;k [kaM (v) (c) (d) P;k
;kstukalkBh v[kaMhr o lyx dj.;kar ;smu R;kauk gLrkarj.kkiwohZ ykxw
vlysY;k lsok pkyq jkgrhy+-
(18) gLrkarfjr lsodkaph ins Bk.ks egkuxjikfydse/;s ulrhy rj R;kauk egk-
ik.kh iqjoBk o tyfu%rkj.k eaMGkph osruJs.kh ns.;kr ;koh- R;kpizek.ks tj
deZpk&;kus fodYi fnyk rj Bk.ks egkuxjikfydsph osruJs.kh ykxw djrkauk
laiw.kZ lsokdkG fopkjakr ?ksmu egkujikfydsP;k fu;ekizek.ks gLrkarfjr lsodkaph
lq/kkfjr osruJs.kh dj.;kar ;sbZy-
5) Under clause 18, the employees were supposed to exercise
an option in the event the post occupied by them was not
available in Thane Municipal Corporation and after doing so,
the employee giving option became entitled to have his entire
past service in the Board to be counted for pay fixation. The
learned Member of the Industrial Court has held that no
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Gayatri Shimpi 32-WP-4266-2024.doc
document was placed on record to demonstrate exercise of such
option by Petitioners. However, Mr. Pendse has invited my
attention to letter dated 20 March 1998 of Executive Engineer,
Water Supply and Sewerage Department of Thane Municipal
Corporation addressed to the Personnel Officer, Personnel
Department, Thane Municipal Corporation forwarding options
of all 82 erstwhile employees of the Board (except C. B Padwal,
who had resigned by that time) for fixation their pay scales. It
appears that said document has been admitted in evidence at
Exhibit U-11. Therefore, the finding recorded by the learned
Member about failure to exercise option appears to be perverse.
6) So far as the issue of counting of past services for award of
selection grade is concerned, clause 13 of the agreement
specifically provided that for the purposes of clauses (a), (b) and
(c) of Proviso to Section 25FF of the Industrial Disputes Act,
1947, the services of the employees in the Board shall be
treated as continuous and uninterrupted. This aspect is totally
overlooked by the learned Member while dismissing the
complaint. There appears to be specific agreement for
treatment of past services of the employees with the Board as
continuous and uninterrupted for all the purposes under
clauses (a), (b) and (c) of Proviso to Section 25FF of the ID Act.
In my view therefore, Petitioners have made out the case for
counting of their past services both for the purposes of pay
fixation as well as for award of selection grade.
7) Writ Petition accordingly succeeds and I proceed to pass
the following order :-
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Gayatri Shimpi 32-WP-4266-2024.doc
(a) Judgment and order dated 27 September 2023
passed by the Member, Industrial Court, Thane, is set
aside.
(b) Complaint ULP No. 166 of 2020 is allowed by
directing the Respondent-Municipal Corporation to
compute the entire past services of the Petitioners with
the Board for the purposes of pay fixation as well as for
award of selection grade.
8) With the above directions, Writ Petitions is allowed. Rule
is made absolute. There shall be no order as to costs.
[SANDEEP V. MARNE, J.]
GAYATRI by GAYATRI
RAJENDRA
RAJENDRA SHIMPI
SHIMPI Date: 2024.09.06
13:42:35 +0530
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