Bombay High Court
Vilas Kamlakar Patil vs Vasai-Virar City Municipal Corp. And ... on 5 May, 2026
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
903-IA3135-26-WP9442-19.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3135 OF 2026
IN
WRIT PETITION NO.9442 OF 2019
Vilas Kamlakar Patil. ...Applicant
In the matter between
Mr. Gajanan Namdeo Oge & Ors. ...Petitioners.
Versus
Vasai-Virar City Municipal Corporation & Ors. ...Respondents
_______
Mr. Dushyant Krishnan with Susmit Phatale, Somnath Kale with Sanket Salve, for
Applicant.
Ms. Swati Sagvekar, for Respondent Nos. 1 to 4.
Mr. Ketan Joshi, 'B' Panel Advocate for Respondent-State.
Digitally signed
by PRASHANT
PRASHANT VILAS RANE
VILAS Date:
RANE 2026.05.05
22:08:15
+0530
______
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 5 MAY 2026
P.C.
1. The reliefs sought in the present Interim Application pertain to the non- compliance with the directions of this Court in the judgment dated 9 March 2026. By the said judgment and order, the aforesaid writ petition filed by the applicant/petitioners who are 28 employees of the respondent - Vasai-Virar City Municipal Corporation, were granted parity in regard to the wages/salaries paid to them with the regular employees. The reliefs prayed for in the Writ Petition were granted inter alia following the decision of the Supreme Court in State of Punjab & Page 1 of 13 P. V. Rane ::: Uploaded on - 05/05/2026 ::: Downloaded on - 06/05/2026 23:50:25 ::: 903-IA3135-26-WP9442-19.DOC Ors. v. Jagjit Singh & Ors.1, considering the fact that for a large number of years after the formation of respondent No.1 - Corporation, the applicants/ petitioners although had served the respondent - municipal corporation, however were paid lesser and discriminatory wages / salaries. Thus, considering the enunciation of law as laid down by the Supreme Court in the said decision on the principle of 'equal pay for equal work', this Court allowed the aforesaid writ petition in terms of prayer clauses (a) and (b). The operative portion of the order is required to be noted which reads thus:
16. In the aforesaid circumstances, we are inclined to allow this Petition in terms of prayer clauses (a) and (b).
17. The Municipal Corporation is directed to calculate the arrears of salaries/wages payable to the Petitioners and pay the sum along with interest at the rate of 8% per annum. The payment of the arrears of pay shall be made to the Petitioners within a period of four weeks from today.
18. Considering that the Petitioners have raised a legitimate demand for parity in pay, the Municipal Corporation ought not to delay the payment of such amounts and/or drag the Petitioners into further litigation as in many cases, despite orders being passed by this Court, the same are not complied by the Municipal Corporation, thereby compelling the workers/employees to initiate further proceedings. Such a situation ought not to arise in the present case. Accordingly, any failure on the part of the Municipal Corporation to discharge its obligations of making payment as per the law laid down by the Supreme Court in State of Punjab and Others v. Jagjit Singh and Others (supra) and as accordingly directed in the present order, shall be treated as a breach of these orders for appropriate action in that regard to be taken on any non-compliance.
19. Rule made absolute in the aforesaid terms. No costs."
(emphasis supplied)
2. It is clear that the directions of this Court in paragraph 17 were specific. The Municipal Corporation was directed to calculate the arrears of salaries/wages payable to the petitioners and pay the same along with interest at the rate of 8% per 1 (2017) 1 SCC 148 Page 2 of 13 P. V. Rane ::: Uploaded on - 05/05/2026 ::: Downloaded on - 06/05/2026 23:50:25 ::: 903-IA3135-26-WP9442-19.DOC annum, and the payment of the arrears of pay, shall be made to the petitioners "within a period of four weeks" from the date of the said order. The observations as made by the Court in paragraph 18 of the aforesaid judgment (supra) are significant when the Court observed that the Municipal Corporation ought not to delay the payment of such amounts and/or drag the petitioners into further litigation, as in many cases, despite orders being passed by this Court, the same are not complied by the Municipal Corporation, thereby compelling the workers/employees to initiate further proceedings. In the present case, this is exactly the situation brought about, due to most insensitive and non-compliant approach on the part of the Municipal Commissioner.
3. It is quite significant that although the time limit of four weeks as directed by the Court has already expired, there was no application on behalf of the Municipal Corporation, seeking any extension for compliance of the orders for any justifiable reasons. There appears to be none, as the learned advocate for the respondent-Corporation has nothing to say. Thus, although the orders passed by this Court are valid, subsisting and binding on the Municipal Corporation, the same are not being complied.
4. It is hence clear that the respondents have no regard whatsoever to the order passed by the Court. The Court clearly observed that any failure on the part of the Municipal Corporation to discharge its obligations of making payment as per the mandate of law, shall be treated as a breach of the orders and appropriate action in that regard be taken on any non-compliance.
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5. It is in such background, the present proceedings are moved whereby the applicant again is required to knock the doors of this Court as prayed for in the following reliefs:
"a. This Hon'ble Court be pleased to direct the Municipal Commissioner of the Respondent - Vasai-Virar City Municipal Corporation to forthwith and unconditionally comply with the judgment and order dated 9th March 2026 (Exhibit-A hereto), by ensuring complete calculation and disbursement of arrears of wages payable to the Petitioners along with interest at the rate of 8% per annum, within a strict and time-bound period, and to place on record a detailed compliance report to the satisfaction of this Hon'ble Court;
b. This Hon'ble Court be pleased to direct the Respondent Corporation to file a detailed affidavit of disclosure, through a responsible officer, setting out full particulars, reasons and circumstances explaining the failure to comply with the order dated 9 th March 2026 within the stipulated period, including the steps taken (if any), the present status of implementation, and the officers responsible for such delay;
c. This Hon'ble Court be pleased to take cognizance of the breach and initiate appropriate action for non-compliance of the order dated 9 th March 2026, in terms of the observations contained in the order dated 09.03.2026, including initiation of proceedings under the Contempt of Courts Act, against the concerned officers responsible for such willful disobedience;
c. 1 This Hon'ble Court be pleased to take cognizance of thhe breach and initiate appropriate action for non-compliance of the order dated 9 th March 2026, in terms of the observations contained in the order dated 09.03.2026, and initiate proceedings under the Contempt of Courts Act, against Shri. Prithviraj Badriprasad, Municipal Commissioner of Vasai-Virar City Municipal Corporation.
d. pending the hearing and final disposal of the present Interim Application, direct immediate ad-interim compliance of the judgment and order dated 9th March 2026 and further direct the Respondents to make ad- interim payment of the arrears, either in full or to such extent as this Hon'ble Court may deem fit;
e. ad-interim and interim reliefs in terms of prayer clause (d);
f. This Hon'ble Court be pleased to pass such further and other orders as this Hon'ble Court may deem fit in the facts and circumstances of the case."
6. We had heard the proceedings on the earlier occasion and at the request of learned Counsel for respondent Nos.1 to 4 we adjourned the proceedings for today, Page 4 of 13 P. V. Rane ::: Uploaded on - 05/05/2026 ::: Downloaded on - 06/05/2026 23:50:25 ::: 903-IA3135-26-WP9442-19.DOC observing that prima facie the Court is of the opinion that the respondents are in breach of the orders passed by this Court.
7. Today learned Counsel for the Municipal Corporation has requested for adjournment however without a word of justification, and perhaps for the reason as the Court would be closing for ensuing summer vacation in three days from today. This, despite the fact that we passed over the proceedings to be called out in the second session to enable the learned Counse for the Corporation to take instructions. She says that she has no instructions when she again applies for an adjournment. It is hence clear that there is no remorse whatsoever on the part of any officer of the Municipal Corporation, when there is a brazen breach of the orders passed by this Court and that too for payment of various its own employees / workers.
8. In a situation similar to the present case in the case of Maharashtra Rajya Prathamik Shikshak Sangh & Anr. Vs. The Municipal Corporation & Ors. 2 wherein the primary teaches of Malegaon Municipal Corporation were not paid their salaries and when there were outstanding salaries, the Co-ordinate Bench of this Court has passed a drastic order. The relevant observations in this regard are required to be noted, which reads thus:
"2. Under these circumstances, we, prima facie, find that the Corporation is not competent to perform and/or is making persistent default in the performance of its duties and, therefore, it is the Corporation against whom action under Section 452 will have to be initiated and taken by the Government after giving an opportunity to the Corporation as provided in the said Section. The Government is directed to initiate the action within a period of two weeks and the Government shall complete the said action within a period of six weeks from today. In the meanwhile, the Municipal Corporation 2 Writ Petition no.947 of 2007 Order dt. 28 June 2007 Page 5 of 13 P. V. Rane ::: Uploaded on - 05/05/2026 ::: Downloaded on - 06/05/2026 23:50:25 ::: 903-IA3135-26-WP9442-19.DOC is directed to stop the expenditure on all activities except expenses relating to the essential civic amenities. We specifically further direct that all works of the roads, buildings and payments of the contractors and, for that purpose, even the salaries of the superior officers of the Corporation including their TA/DAS and other office expenses of the Councillors shall not be released till further orders from this Court. However, we make it clear that this order will not come into operation if the amount of salary of the petitioners is deposited with the School Board so as to make payment to the primary school teachers."
(emphasis supplied)
9. Also in the case of The General Secretary, Lal Bavta Mahanagar Palika, Solapur & Anr. Vs. P. Shivshankar, Commissioner Solapur Municipal Corporation & Ors.3, the employees who were employed by the Solapur Municipal Corporation in its transport undertaking, were not paid the wages, this Court considering the position in law as held in Maharashtra Rajya Prathamik Shikshak Sangh & Anr. Vs. The Municipal Corporation & Ors. (supra) had passed similar orders. The relevant observations in that regard are required to be noted which read thus:
"In these circumstances, it would be useful to note the position in law:
In Maharashtra Rajya Prathamik Shikshak Sangh & Anr. Vs. The Municipal Corporation & Ors., in Writ Petition No. 947 of 2007, for long periods the salaries of the primary teachers of the Malegaon Municipal Corporation were not paid by the Malegaon Municipal Corporation. Considering the agony of the teachers, the Division Bench of this Court by an order dated 28 June, 2007 directed the Municipal Corporation to stop the expenditure on all activities except expenses relating to the essential civic amenities. It was specifically directed that all works of road, buildings and payments of the contractors and, for that purpose, even the salaries of the superior officers of the Corporation including their TA/DAs and other office expenses of the Councillors shall not be released till further orders, however, with clarification that such directions will not come into operation if the amount of salary of the petitioners therein is deposited with the School Board so as to make payment to the primary school teachers. The following are the relevant observations as made by the Division Bench :
"2. Under these circumstances, we, prima facie, find that the Corporation is not competent to perform and/or is making persistent default in the performance of its duties and, therefore, it is the Corporation against whom action under Section 452 will have to be initiated and taken by the Government after giving an opportunity to the Corporation as provided in the said Section. The Government is 3 Contempt Petition No.324 of 2021 Order dt.28 October 2021 Page 6 of 13 P. V. Rane ::: Uploaded on - 05/05/2026 ::: Downloaded on - 06/05/2026 23:50:25 ::: 903-IA3135-26-WP9442-19.DOC directed to initiate the action within a period of two weeks and the Government shall complete the said action within a period of six weeks from today. In the meanwhile, the Municipal Corporation is directed to stop the expenditure on all activities except expenses relating to the essential civic amenities. We specifically further direct that all works of the roads, buildings and payments of the contractors and, for that purpose, even the salaries of the superior officers of the Corporation including their TA/DAs and other office expenses of the Councillors shall not be released till further orders from this Court. However, we make it clear that this order will not come into operation if the amount of salary of the petitioners is deposited with the School Board so as to make payment to the primary school teachers.
7. Ms. Gayatri Singh, learned senior counsel for the petitioners has drawn the Court's attention to a recent decision of the Supreme Court in State of Andhra Pradesh & Anr. vs. Dinavahi Lakshmi Kameswari, 2021 SCC Online SC 237 on the issue of payment of deferred portions of the salaries and pensions. The Supreme Court has held that salaries constitute the rightful entitlement of the employees and are payable in accordance with law.
The Supreme Court observed thus:
"15. The direction for the payment of the deferred portions of the salaries and pensions is unexceptionable. Salaries are due to the employees of the State for services rendered. Salaries in other words constitute the rightful entitlement of the employees and are payable in accordance with law......."
8. In Nagar Nigam Sewa Nivrit Karmchari Kalyan Samiti & Ors. vs. Gyanesh Bharti, a Division Bench of the Delhi High Court referring to the observation of the Supreme Court in State of Andhra Pradesh & Anr. vs. Dinavahi Lakshmi Kameswari (supra), held that the outstanding salaries of the employees cannot be withheld, payment of which is their fundamental right under Article 21. It was observed that non-availability of funds cannot be a reason for non-payment of salaries. The Court observed thus:
"The reason assigned for non-payment of timely salaries is stated to be paucity of funds which, as is well settled, cannot be excuse for non- payment, keeping in view the fact that the right to receive salary and pension is a fundamental right enshrined under Article 21 of the Constitution of India and non-payment thereof would have a direct bearing on the quality of life of the person entitled thereto and their dependents. Therefore, non-availability of funds cannot be and shall not be accepted by this Court as an excuse for timely payment of salaries.........
It is absolutely necessary that the payment of salaries/pensions is made to the employees/retired employees of the Corporations, which also include Doctors, Para Medical Staff and Health Workers - who are rendering their services in the time of pandemic and serving the citizens of Delhi. In fact, the payment of salaries and pensions has to be prioritized over other discretionary expenses that the Corporations are incurring.Page 7 of 13
P. V. Rane ::: Uploaded on - 05/05/2026 ::: Downloaded on - 06/05/2026 23:50:25 ::: 903-IA3135-26-WP9442-19.DOC In our view, if anybody has to take a haircut in these times due to financial constraints of the Corporations, it has to be the people at the top."
9. In Swaraj Abhiyan (VI) vs. Union of India & Ors., (2018) 7 SCC 591, the Supreme Court in dealing with the issue of delay in payment of wages due to the workers, observed thus :-
"41. Notwithstanding the large number of pay orders, we are afraid delays are simply not acceptable. The law requires and indeed mandates payment of wages not later than a fortnight after the date on which the work was done by the worker or labourer. Any reason for the delay in receiving wages is not at all the concern of the worker. He or she is entitled to get the due wages within a fortnight of the completion of the work. If there are any administrative inefficiencies or deficiencies or laxity, it is entirely for the State Government and Ministry of Rural Development to sort out the problem. Bureaucratic delays or red tape cannot be pedalled as an excuse to deny payment of wages to the workers. It is precisely to overcome any inefficiency or deficiency that payment of compensation is postulated, otherwise the purpose of Section 3 and Para 29 of Schedule II of the Act would get completely defeated."
.. .. ... ... ..
12. In the aforesaid circumstances, it appears to be quite clear that the non-payment of salaries to the employees and sufferance which is meted out to the Municipal transport employees by the Municipal Corporation is solely attributable to the total mismanagement of the Municipal Corporation, it is too well settled that the paucity of funds and that too for such a large Municipal Corporation can be no reason for non-payment of the salaries of these employees. The fundamental right of the workers of a human livelihood guaranteed under Article 21 of the Constitution of India is being directly affected by such callous acts on the part of the Municipal Corporation and its officers.
13. It is not a case that the Municipal Corporation is absolutely non- functional and/or has approached the State Government for such reason that it cannot function and hence be taken over by the State Government by appointing an administrator. In these circumstances, considering the orders passed by the Division Bench of this Court as noted above in the case of Maharashtra Rajya Prathamik Shikshak Sangh & Anr. (supra) and the decisions of the Supreme Court as also of the Delhi High Court, in my opinion, unless a strict view of the matter is taken to stop the consistent breach of the fundamental rights of the employees, the Municipal Corporation would not pay the salaries and/or clear the arrears of salaries to the petitioners. The rule of law cannot permit the employees to be rendered so helpless remediless in this situation. It cannot be countenanced that the fundamental rights which are guaranteed to the employees, and their very livelihood can be deprived in such casual manner, and at the same time keep exploiting the employees by taking regular work from them. This is against rationality and the rule of law and least expected of a public body. The arrears of salaries are about Rs.8 crores as noted above. It is sad that high municipal officers as also those governing the Municipal Corporation can be so blind to the basic requirement of payment of salaries of its own employees. As to how Page 8 of 13 P. V. Rane ::: Uploaded on - 05/05/2026 ::: Downloaded on - 06/05/2026 23:50:25 ::: 903-IA3135-26-WP9442-19.DOC these employees and their families have sustained so far without receiving salaries is beyond imagination.
14. In the aforesaid circumstances, in my opinion, the following orders would meet the ends of justice :
(i) The Municipal Corporation is directed to deposit in this Court an amount of Rs. 8 crores within a period of one week from today and/or make payment of the entire arrears of salaries to the concerned employees of its municipal transport within such period.
(ii) Till such deposit and/or payments are made, the Municipal Corporation is directed to stop the expenditure on all activities except expenses relating to the essential civic amenities. It is specifically directed that all works of road, buildings and payments of the contractors and, for that purpose, even the salaries of the superior officers of the Corporation including their TA/DAs and other office expenses of the Councillors shall not be released till further orders from the Court, however, it is made clear that this order will not come into operation if the arrears of salary is paid to the concerned petitioners/employees.
(iii) It is ordered accordingly.
15. Before parting the Court would be failing in its duty not to observe that if the Corporation is not competent to perform and/or is making persistent default in performance of its duties as noted above in that event, an action against the Corporation under section 452 of the Act needs to be initiated by the State Government. It is for the State Government to consider such position. These were also the observations as made by the Division Bench in the order passed in the Malegaon Municipal Corporation's case as noted above."
(emphasis supplied)
10. In a recent decision of this Court in Municipal Labour Union Vs. The State of Maharashtra & Ors.4 the Court had passed similar orders where all the payments to be made by the Thane Municipal Corporation to its contractors etc. were stayed till the dues of the workers to be released. Later on such orders were vacated on the Municipal Corporation honouring the orders passed by this Court and placing an undertaking before this Court of payment being made. The relevant observations in that regard are required to be noted which read thus:
"1. This is a serious case where orders passed by this Court dated 28 th November 2018 (Coram : A.S.Oka (as His Lordship was then) and Sandeep 4 Civil Application no.1871/15 in WP 5988/13, decision dt. 27/04/2026 Page 9 of 13 P. V. Rane ::: Uploaded on - 05/05/2026 ::: Downloaded on - 06/05/2026 23:50:25 ::: 903-IA3135-26-WP9442-19.DOC K.Shinde, JJ.) are not complied and/or are breached, despite the same being confirmed by the Supreme Court in Special Leave to Appeal (c) No(s).321- 322/2019 by order dated 25 th February 2025.
2. Considering the seriousness of the matter and the contemptuous attempts to defeat the orders of this High Court, a co-ordinate Bench of this Court has issued contempt notice and the contempt notice is pending. We are of the clear opinion after hearing Ms.Karnik, Senior Advocate for the Petitioner and Mr.Bapat, learned Senior Advocate for Thane Municipal Corporation, that we would proceed to pass appropriate orders when the Court being confronted with such issues concerning the Municipal Corporation not adhering to the rule of law, when orders passed by this Court and the Supreme Court are being defeated with impunity.
3. We have categorically observed in the course of the discussion that in the facts and circumstances of the case we propose to pass drastic orders similar to the order passed by this Court in the cases of Malegaon Municipal Corporation and Solapur Municipal Corporation, where funds of both the Municipal Corporations were freezed and when orders of the Courts were not complied and the workmen were not paid.
4. Mr.Bapat would submit before the Court proceeds to consider passing an order an opportunity be given for the Corporation to re-consider the situation and hence the proceedings may be adjourned for tomorrow, as he would intend to take instructions.
5. Although we accept the request of Mr.Bapat for adjourning the proceedings for tomorrow, however, till the adjourned date of hearing, we restrain the Respondent Thane Municipal Corporation in any manner dealing with or disbursing any funds including by issuance of any pre-dated payments.
6. Let this order be orally communicated by Mr.Limaye, learned counsel for Thane Municipal Corporation to Thane Municipal Corporation and status-quo in this regard be maintained."
(emphasis supplied)
11. The present case is not different, where the Municipal Corporation, with impunity, appears to have shown utter disregard to the orders passed by this Court, as despite sufficient time being available, the orders passed by this Court in regard to the payment of arrears of wages/salary payable to its own employees are not being complied for no justifiable reason. The contemptuous acts on the part of the Municipal Corporation and its officers is crystal clear. Page 10 of 13 P. V. Rane ::: Uploaded on - 05/05/2026 ::: Downloaded on - 06/05/2026 23:50:25 ::: 903-IA3135-26-WP9442-19.DOC
12. In the aforesaid circumstances, we have no option but to issue a show cause notice to the added respondent - Shri. Prithviraj Badriprasad, Municipal Commissioner of Vasai-Virar City Municipal Corporation, under Rule 9 of the Contempt of Courts (Bombay High Court) Rules, under Chapter XXXIV of the Bombay High Court (Appellate Side) Rules, 1960 read with the Contempt of Court Act, 1971 and Article 215 of the Constitution, to show cause as to why action for willful disobedience of the order dated 9 March 2026, shall not be initiated against him. Let reply to the show cause notice be filed within a period of two weeks from the date of receipt of the notice.
13. As the prayers in the present case are not merely for issuance of the contempt proceedings but also for substantive orders and more particularly, considering the clear observations as made by the Court in paragraphs 17 and 18 of the Order, we are of the clear opinion that we need to take a serious view of the matter when the Municipal Commissioner himself has failed to act in accordance with law and respect the rule of law.
14. In the aforesaid circumstances, in our opinion, the following orders would meet the ends of justice:
(i) Respondent No.1 - Municipal Corporation is directed to deposit in this Court total amount due and payable to the petitioners as per the order dated 9 March 2026 passed by this Court in the aforesaid Writ Petition and/or make payment of the said amount to the concerned employees, within a period of ten days from today.Page 11 of 13
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(ii) Till such deposit and/or payments are made, the Municipal Corporation is directed to stop the expenditure on all activities except expenses relating to the essential services like electricity dues, telephone bills. It is specifically directed that all works of road, buildings and payment of the contractors and, for that purpose, even the salaries of the superior officers of the Corporation including their TA/DAs and other office expenses of the Councillors shall not be released till further orders from the Court.
(iii) In the event such payment or deposit is made, liberty to the Corporation to apply to the Court for vacating of the aforesaid orders.
15. Before parting, the Court would be failing in its duty not to observe that if the Corporation is not competent to perform and/or is making persistent default in performance of its duties as noted above, in that event, an action against the Corporation under Section 452 of the Maharashtra Municipal Corporations Act, 1949 to dissolve respondent No.1- Municipal Corporation, needs to be initiated by the State Government. These were also the directions as made by the Division Bench in the order passed in the Malegaon Municipal Corporation's case as noted above. We shall hear the parties and pass appropriate orders on such issue on the adjourned date in the event the situation so mandates.
16. This order shall be forthwith informed by the learned Counsel for respondent Nos.1 to 4 to the Municipal Commissioner. Page 12 of 13 P. V. Rane ::: Uploaded on - 05/05/2026 ::: Downloaded on - 06/05/2026 23:50:25 ::: 903-IA3135-26-WP9442-19.DOC
17. List the proceedings for hearing of Contempt Notice on 8 June 2026. (First On Board)
18. Parties to act on the authenticated copy of this order.
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