Bombay High Court
Smt. Radhika Dattu Bhangre vs Municipal Commissioner Pimpri ... on 8 March, 2021
Author: M. S. Karnik
Bench: M. S. Karnik
6. wpst 1773.21.doc
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION STAMP NO. 1773 OF 2021
Smt. Swati Suresh Waghmare ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1775 OF 2021
Pradip Kisan Tembhekar ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1776 OF 2021
Smt. Asha Manik Bhawar ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1777 OF 2021
Smt. Sonubai Vinayakrao Dudhate ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1778 OF 2021
Smt. Lata Giridharilal Suvarnkar ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
1/11
6. wpst 1773.21.doc
WITH
WRIT PETITION STAMP NO. 1788 OF 2021
Smt. Sapna Rajendra Dhainje ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1789 OF 2021
Nitin Shankar Sable ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1791 OF 2021
Smt. Sangita Vilas Jamdade ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENT
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1792 OF 2021
Smt. Vanita Lalsing Rathod ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1793 OF 2021
Smt. Manju Valmik Koli ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
2/11
6. wpst 1773.21.doc
WITH
WRIT PETITION STAMP NO. 1795 OF 2021
Smt. Manisha Anurath Waghmare ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1796 OF 2021
Smt. Dhanashree Bharat Bhosale ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1797 OF 2021
Gangaram Vishram Kajarekar ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENT
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1799 OF 2021
Vishwas Bhagvan Malave ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1800 OF 2021
Laxman Bapurav Dond ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
3/11
6. wpst 1773.21.doc
WITH
WRIT PETITION STAMP NO. 1802 OF 2021
Smt. Savita Manikrao Bodke ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1805 OF 2021
Balasaheb Rambhau Gaikwad ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1806 OF 2021
Vivek Satish Mohite .. PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad
Municipal Corporation And Anr. .. RESPONDENTS
WITH
WRIT PETITION STAMP NO. 1808 OF 2021
Smt. Mukta Balbhim Sonkamble ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1809 OF 2021
Smt. Tasmiya Sadik Shaikh ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENT
Municipal Corporation And Anr.
4/11
6. wpst 1773.21.doc
WITH
WRIT PETITION STAMP NO. 1810 OF 2021
Mangesh Mahadev Shete ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1811 OF 2021
Smt. Ashwini Shivaji Ghodke ...PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1812 OF 2021
Sneha Madhusudan Malusare ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1813 OF 2021
Ravichandra Ashok Dhawale ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
WITH
WRIT PETITION STAMP NO. 1814 OF 2021
Smt. Radhika Dattu Bhangre ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
5/11
6. wpst 1773.21.doc
WITH
WRIT PETITION STAMP NO. 1815 OF 2021
Smt. Namrata Makarand Pingale ....PETITIONER
V/S
Municipal Commissioner Pimpri Chinchwad ....RESPONDENTS
Municipal Corporation And Anr.
Mr.Nitin Kulkarni a/w Mr.Avinash Belge, for Petitioners.
Mr.G.H.Kelulskar for Respondents.
CORAM : M. S. KARNIK, J.
DATE : 08th MARCH, 2021 P.C. : . Heard learned Counsel for the Petitioners & Respondents. Since common issue is involved in the present
Petitions, the same are disposed of by this common order.
2. The Petitioners challenge the order below Exhibit U-2 dated 31/12/2020 passed by the Industrial Court, Pune rejecting the application made by the Petitioners. The application was made by the Petitioners for restraining the Respondent - Corporation from terminating services of the complainants and appointing any other person in place of the Petitioners - complainants during the pendency of the complaints (ULP). The Industrial Court was of the view that the Petitioners have not 6/11
6. wpst 1773.21.doc been appointed by the Staf Selection Committee. It is further held that the vacant and sanctioned posts have not been notifed to the Employment Exchange and therefore any order passed by the Industrial Court continuing the Petitioners in services will be against the provisions of Bombay Provincial Municipal Corporations Act, 1949. The Industrial Court proceeded on the premise that the Petitioners have not prima facie proved that the Staf Selection Committee appointed the Petitioners - Complainants.
3. Learned Counsel for the Petitioners invited my attention to the order dated 31/01/2020 passed by this Court in WP/6570/2019 and other connected Petitions wherein similar issue like the one in the present Petitions was involved. This Court had directed the Industrial Court to dispose of the individual complaints of the Petitioners therein within 6 months from the date of the order. It was made clear that no equities shall be claimed by the Petitioners therein for continuing in services. Learned Counsel for the Petitioners requests that the present Petitions can also be disposed of on the same terms.
4. The Petitioners in the present case were appointed 7/11
6. wpst 1773.21.doc for 6 months on contractual basis. The Petitioners are working in the various posts viz. X- ray technicians, Aaya, Ward Boys, data entry operators. The Petitioners fled the complaints before the Industrial Court for permanency benefts and other consequential reliefs.
5. Learned Counsel for the Petitioners pointed out that after the end of period of 6 months of the contractual services of the Petitioners, the Respondent - Corporation has issued orders to appoint a fresh set of employees on contractual basis for 6 months in the posts where the Petitioners are presently working. It is thus seen that by order dated 25/01/2021, subject to orders passed by this Court, the Respondent - Corporation has appointed another set of employees to work in the posts where the Petitioners presently are working. Even, this appointment is on contractual basis and on same terms and conditions as Petitioners.
6. As the Petitioners are already working on contractual basis and it is not as if the Respondent - Corporation intends to fll up the post after following the regular selection process presently, interest of justice would be sub-served if the 8/11
6. wpst 1773.21.doc Petitioners are continued on the same terms and conditions on contractual basis during the pendency of the complaints without prejudice to the rights and contentions of the parties. The Corporation also is in need of employees like x-ray technicians and other staf to work in Yashwantrao Chavan Smruti Rugnalaya established by the Corporation which hospital is registered under section 5 of the Bombay Nursing Home Registration Act, 1949. This is substantiated by the Corporation now issuing fresh orders appointing a diferent set of employees on contract basis for 6 months in place of the Petitioners. The order is not executed as this Court has granted an interim protection in Petitioners's favour during the interregnum.
7. The issue involved in these Petitions being similar to the one arising in WP/6570/2019 and other connected Petitions, even these Petitions are disposed of on the same terms as WP/6570/2019. It is pointed out that the complaint fled by Smt.Pramila Kiran Mane before the Industrial Court (WP/6570/2019) is at the stage of evidence.
8. It is further seen that the WP/6570/2019 and other connected Petitions are disposed of on the request of learned 9/11
6. wpst 1773.21.doc Counsel for the parties to dispose of the Petitions without passing passing speaking orders. Nonetheless, even these Petitions can be disposed of on same terms though learned Counsel for the Respondent - Corporation tried to justify the impugned order.
9. Considering the controversy involved in the present Petitions is similar to one in WP/6570/2019 and other connected Petitions, even these Petitions are disposed of by directing the Respondent - Corporation to continue services of the Petitioners on contract basis till disposal of the complaints (ULP) by the Industrial Court & subject to the outcome of the complaints.
10. The Industrial Court is requested to dispose of the individual complaints of the Petitioners herein within 6 months from today.
11. It is made clear that no equities shall be claimed by the Petitioners herein for being continued in services as per present order.
12. All rights and contentions of the parties on merits are 10/11
6. wpst 1773.21.doc kept open to be decided by the Industrial Court in the pending complaints. The complaints to be decided uninfuenced by any observations made by me in this order or in the impugned order. The impugned orders are therefore set aside.
13. Both parties shall appear before the Industrial Court on 22/03/2021 and produce an authenticated copy of this order.
14. Writ Petitions are disposed of.
(M.S.KARNIK, J.)
Digitally
Urmila signed by
Urmila P. Ingle
P. Date:
2021.03.08
Ingle 18:33:20
+0530
11/11