Bombay High Court
Municipal Corporation, Akola Thr. ... vs Kishor D. Shirsat (Dead) Chanda Kishor ... on 28 January, 2019
Author: Z.A.Haq
Bench: Z.A.Haq
Judgment 1 wp7895.17+28.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 7895 OF 2017
WITH
WRIT PETITION NO. 7896 OF 2017
WITH
WRIT PETITION NO. 7897 OF 2017
WITH
WRIT PETITION NO. 7898 OF 2017
WITH
WRIT PETITION NO. 7899 OF 2017
WITH
WRIT PETITION NO. 0577 OF 2018
WITH
WRIT PETITION NO. 0896 OF 2018
WITH
WRIT PETITION NO. 0900 OF 2018
WITH
WRIT PETITION NO. 0901 OF 2018
WITH
WRIT PETITION NO. 0902 OF 2018
WITH
WRIT PETITION NO. 0904 OF 2018
WITH
WRIT PETITION NO. 1234 OF 2018
WITH
WRIT PETITION NO. 1238 OF 2018
WITH
WRIT PETITION NO. 1253 OF 2018
WITH
WRIT PETITION NO. 1255 OF 2018
WITH
WRIT PETITION NO. 1278 OF 2018
WITH
WRIT PETITION NO. 1279 OF 2018
WITH
WRIT PETITION NO. 1280 OF 2018
WITH
WRIT PETITION NO. 2264 OF 2018
WITH
WRIT PETITION NO. 2265 OF 2018
WITH
WRIT PETITION NO. 2266 OF 2018
WITH
WRIT PETITION NO. 2267 OF 2018
WITH
WRIT PETITION NO. 2268 OF 2018
WITH
WRIT PETITION NO. 2269 OF 2018
WITH
WRIT PETITION NO. 2270 OF 2018
WITH
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WRIT PETITION NO. 3466 OF 2018
WITH
WRIT PETITION NO. 4514 OF 2018
WITH
WRIT PETITION NO. 4583 OF 2018
WITH
WRIT PETITION NO. 4585 OF 2018
W.P.NO. 7895/2017
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Rajesh Laxmanrao Ingle,
Aged about 39 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 7896/2017
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
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1. Shri Pritam Shrikrushna Shirsat,
Aged about 29 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 7898/2017
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Suhas Gautamrao Shirsat,
Aged about 32 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
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W.P.NO. 7899/2017
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Rajendra Ramdas Shirsat,
Aged about 40 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 577/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Bharat Vikram Shirsat,
Aged about 42 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
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2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 896/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Jeetesh Sheshrao Shirsat,
Aged about 38 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 900/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
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// VERSUS //
1. Shri Pravin Ramesh Shirsat,
Aged about 31 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 901/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Gajanan Bhaurao Shirsat,
Aged about 35 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
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WITH
W.P.NO. 902/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Subhash Shyamrao More,
Aged about 44 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 904/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Santosh Sukhdeo Shirsat,
Aged about 39 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
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2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 1234/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Dhananjay Shankarrao Shirsat,
Aged about 34 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 1238/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
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// VERSUS //
1. Shri Sanjay Manohar Ingle,
Aged about 40 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 1253/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Subhash Arjun Shirsat,
Aged about 41 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
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WITH
W.P.NO. 902/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Subhash Shyamrao More,
Aged about 44 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 1255/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Ramesh Pandhari Tayde,
Aged about 50 years, Occu.: Nil,
R/o. Nakashi, Tah. Balapur, Distt. Akola.
2. Presiding Officer, Labour Court,
Akola.
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3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 1278/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Sachin Ramesh Tayade,
Aged about 29 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 1279/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
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// VERSUS //
1. Shri Kishor Dashrath Shirsat(Dead),
1a) Chanda Kishor Shirsat,
Aged about 42 years, Occu.: Nil,
1b) Swapnil Kishor Shirsat,
Aged about 20 years, Occu.: Nil,
Both R/o. Bhim Nagar, Old City,
Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 1280/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Anmol Natthu Shirsat,
Aged about 38 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
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3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 2264/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Purushottam Pundalik Shirsat,
Aged about 52 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 2265/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
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// VERSUS //
1. Shri Dayaram Vishram Sawale,
Aged about 43 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 2266/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Narendra Mahadeo Mohod,
Aged about 38 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
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WITH
W.P.NO. 2267/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Sanghadas Bhimrao Shirsat,
Aged about 40 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS.
WITH
W.P.NO. 2268/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Ravi Sudhakar Shirsat,
Aged about 40 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
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2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS
WITH
W.P.NO. 2269/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Devendra Ramdas Nitnaware,
Aged about 45 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS
WITH
W.P.NO. 2270/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
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// VERSUS //
1. Shri Pradip Namdeo Shirsat,
Aged about 40 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS
WITH
W.P.NO. 3466/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Dharmendra Shyamrao Janjal,
Aged about 33 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS
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WITH
W.P.NO. 4514/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Santosh Omkar Patil,
Aged about 40 years, Occu.: Nil,
R/o. Hojari Mill, Bhim Nagar,
Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS
WITH
W.P.NO. 4583/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Jayashant Ramdas Shirsat,
Aged about 36 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
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2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS
WITH
W.P.NO. 4585/2018
Municipal Corporation, Akola
Through the Commissioner.
.... PETITIONER.
// VERSUS //
1. Shri Chhagan Jagdeo Tayde,
Aged about 42 years, Occu.: Nil,
R/o. Bhim Nagar, Old City, Akola.
2. Presiding Officer, Labour Court,
Akola.
3. Additional Commissioner of Labour,
Nagpur.
Office of Additional Commissioner of
Labour, Bhosla Chamber, Civil Lines,
Nagpur.
.... RESPONDENTS
___________________________________________________________________
Shri Anjan De, Advocate for Petitioner/Employer
Shri Sagar Katkar, Advocate for Respondent/Employees
Shri Sagar Ashirgade, A.G.P. for Respondent/ State.
___________________________________________________________________
CORAM : Z.A.HAQ, J.
DATED : JANUARY 28, 2019.
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Judgment 20 wp7895.17+28.odt
ORAL JUDGMENT :
1. Heard.
2. RULE. Rule made returnable forthwith.
3. On the reference made by the Additional Commissioner of Labour on 4th October 2011 under sub-section (1) of Section 10 and sub- section (5) of Section 12 of the Industrial Disputes Act, 1971 the proceedings were taken up by the Labour Court. The respondents/employees in these cases submitted the Statement of Claim contending that they had been in the employment of the Municipal Council for several years and for more than 240 days in the year preceding their termination, however, without complying with the provisions of Sections 25-F, 25-G and 25-H of the Industrial Disputes Act, 1971 their services were terminated illegally. The Municipal Council opposed the claim of the employees. The Municipal Council denied the relationship of employer-employee also.
4. After considering the material on record, mainly the evidence, the Labour Court has recorded that the employees have proved that they were in employment of the Municipal Council for several years and their services were terminated illegally. The Labour Court directed the Municipal Council to reinstate the employees as daily wagers. The claim of the employees for back-wages is dismissed.
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5. The submission on behalf of the Municipal Council is that the findings recorded by the Labour Court that the employees were working with the Municipal Council for several years is not supported by the evidence/ material on record. It is submitted that the relevant records got destroyed in fire and as those records could not be produced, the Labour Court has drawn adverse inference against the Municipal Council. It is pointed out that now, the work, which according to the employees, was being done by them is got done by the Municipal Council through a contractor. It is pointed out that the period for which the contract was granted is over and now fresh process would be undertaken and till then the earlier contractor is doing the work on the same terms and conditions. It is submitted that in these facts the impugned order has to be set aside.
6. Various other submissions are also made. However, as I find that the employees have accepted the order passed by the Labour Court directing their reinstatement as daily wagers and dismissing their claim for back-wages, in my view, the following order would sub-serve the ends of justice.:
i) The Municipal Council shall initiate and complete the process of awarding contract afresh within three months.::: Uploaded on - 18/02/2019 ::: Downloaded on - 27/03/2020 14:43:49 :::
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ii) The Municipal Council shall recognize the seniority of the
respondents/employees from the date of their initial
appointment as found by the Labour Court while delivering the impugned orders.
iii) Giving due weightage to the seniority of the respondents/ employees accordingly, they will be engaged by the contractor on daily wages on the same terms and conditions on which the other employees are engaged by the contractor. The Municipal Council shall ensure that such condition is incorporated in the agreement with the contractor to whom the contract would be given. Such arrangement shall continue until the work is got done by the Municipal Council through the contractor. In case, the Municipal Council discontinues the contractor and engages employees directly, then the respondents/ employees shall be engaged as per their seniority and any other employee shall not be engaged giving a go-bye to the claim of the respondents/ employees, as daily wager.
iv) The order passed by the Industrial Court in each of these matters is modified accordingly.
In the circumstances, the parties to bear their own costs.
JUDGE RRaut..
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