Bombay High Court
Kamgar Hitkarini Sabha Thru. Secretary ... vs The Navi Mumbai Municipal Corporation ... on 10 September, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
TRUPTI
SADANAND
2025:BHC-AS:38026-DB
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2025.09.12 Trupti 902-wp-9519-2025.odt
14:20:57 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9519 OF 2025
Kamgar Hitkarini Sabha & Anr. ... Petitioners
versus
The Navi Mumbai Municipal
Corporation & Ors. ... Respondents
----
Mr.Rashid Khan with Mr.Siddharth S. Ingle for the Petitioners.
Mr.Ravindra S. Pachundkar for Respondent No.1- Municipal
Corporation.
Mrs.Ashwini A. Purav, AGP for Respondent Nos. 2 to 5, State.
----
CORAM : RAVINDRA V. GHUGE &
ASHWIN D. BHOBE, JJ.
DATE : 10th September, 2025
P.C. :-
1. We have heard the learned Advocates for the Petitioners
and the Municipal Corporation, at length.
2. Considering the prayers put forth by the Petitioners
below paragraph 59 (a to m), we find that the issues pertain to the
following aspects:
(a) Implementation of certain decisions taken by the
Municipal Corporation in its meeting dated 6 th June,
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2007, to absorb the Petitioners and similarly placed
employees, into permanent service;
(b) Categorization of the Petitioners into specific
sections and determination of the nature of their duties;
(c) Draw their pay scales and allowances;
(d) Equal pay for equal work, by comparing the
nature of duties performed by contractual employees
working under the provisions of the Contract Labour
(Regulation and Abolition) Act, 1970 (the CLRA Act,
1970), vis-à-vis the regular employees in the Class IV
category of the Municipal Corporation;
(e) The Safai Kamgars' claim for salary benefits, service
conditions and regularization;
(f) Elimination of the contractor to enable direct
absorption of the contractual workmen by the Municipal
Corporation.
3. Considering the above aspects, we find that the
Petitioners are required to follow the law laid down by the Hon'ble
Supreme Court in Vividh Kamgar Sabha Versus Kalyani Steels Ltd.
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and Another 1 and CIPLA Ltd. Versus Maharashtra General Kamgar
Union and Others2, wherein it has been concluded that such
employees must raise an industrial dispute under Section 2(k) of the
Industrial Disputes Act, 1947, and implead, both, the Contractor and
the Principal Employer as necessary parties to the dispute. On
noticing an industrial dispute, the Conciliation Officer is required to
initiate conciliation proceedings, and in the event of failure, submit
a failure report to the appropriate Government. Thereafter, the
reference may be forwarded to the concerned Industrial Tribunal
having jurisdiction in the Thane District.
4. Insofar as the Petitioners' claim for the abolition of the
contractual labour system under Section 10 of the CLRA Act, 1970
is concerned, they will have to approach the mechanism prescribed
under that Act. They cannot lose sight of the judgment delivered by
the Hon'ble Supreme Court (Five-Judges Bench) in the matter of
Steel Authority of India Ltd. and Others Versus National Union
Waterfront Workers and Others3
1 (2001) 2 Supreme Court Cases 381
2 (2001) 3 Supreme Court Cases 101
3 (2001) 7 Supreme Court Cases 1
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5. The learned Advocate for the Municipal Corporation
submits that if the industrial dispute is raised, the Municipal
Corporation would participate in the conciliation proceedings. He,
however, cannot make a statement as regards the claims of the
Petitioners.
6. We find that these Petitioners claim to have been
working for more than two decades. It is high time that they receive
the benefits of employment, coupled with job security. Post-
retirement benefits pose a necessity for them. Insofar as various
decisions taken by the Municipal Corporation regarding such
employees are concerned, and which are alleged to have not yet
been implemented, the Industrial Tribunal would consider such
claims in the light of Section 2(p) of the Industrial Disputes Act,
1947, read with Section 18. Prima facie, the non-implementation of
such decisions or agreements, would constitute a recurring cause of
action.
7. In view of the above, we grant liberty to the Petitioners
to approach the industrial disputes resolution mechanism under the
Industrial Disputes Act, 1947 by raising an industrial dispute under
Section 2(k).
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8 Needless to state, the Contractor as well as the
Municipal Corporation, would be added as Respondents.
9. We would direct the Municipal Corporation to
participate in the conciliation process which would be conducted by
the Conciliation Officer.
10. All contentions of the parties are kept open.
11. This Writ Petition is disposed off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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