Ramanbhai Becharbhai Vaghela vs State Of Gujarat on 11 August, 2021
34. With regard to the contention raised on
behalf of the respondent no.2 Corporation that
as per Government Resolution dated 30.11.2006
the respondent no.2- Corporation, since
inception has adopted the policy of outsourcing
to provide man-power for Safai Kamdars is
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C/SCA/16082/2020 JUDGMENT DATED: 11/08/2021
concerned, such resolution is dealt with by the
Division Bench in judgement in case of Pooja
Construction Company (supra), wherein it is
categorically held that basic functions of the
Municipality with regard to the cleanliness
cannot be outsourced and it is contrary to the
provisions of the Bombay Provincial Municipal
Corporation Act, 1949. Relevant observations of
the Division Bench are as under :