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Municipal Council, Bhandara Tq. Thr Its ... vs Rajkumar Baburao Gedam on 22 August, 2014

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     ITEM NO.14                                     COURT NO.13                   SECTION XV

                                      S U P R E M E C O U R T O F             I N D I A
                                              RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C) NO......./2014
                                                        CC No.12744/2014

     (Arising out of impugned final judgment and order dated 24/09/2013
     in WP No.3372/2011 passed by the High Court Of Bombay At Nagpur)

     MUNICIPAL COUNCIL, BHANDARA TQ. THR ITS CHIEF OFFICER Petitioner(s)

                                                           VERSUS

     RAJKUMAR BABURAO GEDAM                                                       Respondent(s)

     (With appln. (s) for c/delay in filing SLP)


     Date : 22/08/2014 This petition was called on for hearing today.

     CORAM :
                                 HON’BLE MR. JUSTICE M.Y. EQBAL
                                 HON’BLE MR. JUSTICE PINAKI CHANDRA GHOSE

     For Petitioner(s)                     Mr. Sudhanshu S. Choudhari ,Adv.
                                           Mr. Vatsalya Vigya, Adv.
     For Respondent(s)


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Delay condoned.

The respondent was appointed as Garderner on daily wages as far back as in 1986. After completion of 240 days of continuous service, he claimed regularisation of his service which was denied. Aggrieved by the unfair labour practices, he filed complaint before the Industrial Court at Nagpur, Maharashtra. The Industrial Cou rt by its order dated 28.01.2002 allowed the complaint filed by the Signature Not Verified Digitally signed by Sanjay Kumar Date: 2014.08.23 respondent 12:50:15 IST Reason: and directed the petitioner to give him perma nent employment and other benefits of regular pay scale for the said post.

The petitioner Municipal Corporation assailed the aforesaid order of the Industrial Court by filing writ petition before the High Court of Judicature at Bombay. The High Court by the impugned order dated 24.09.2013 partly allowed the writ petition and held that the respondent herein would be entitled to the wages and other benefits on par with the regular workman from the date of complaint. The High Court further directed the writ petitioner to make the respondent permanent on receiving sanction from the Director of Municipal Administration.

We have heard learned counsel for the petitioner. It is the contention of the learned counsel for the petitioner that without the approval and sanction of the Director of Municipal Administration, no regularisation or permanent employment can be made. If that be so, the petitioner herein shall seek the approval and sanction of the Director of Municipal Administration in terms of the directions given by the High Court.

In the aforesaid premises, we do not find any reason to interfere with the impugned order passed by the High Court.

Accordingly, the special leave petition is dismissed.

       (SANJAY KUMAR)                                                  (SNEH LATA SHARMA)
        COURT MASTER                                                     COURT MASTER