Vilas Kamlakar Patil vs Vasai-Virar City Municipal Corp. And ... on 5 May, 2026
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
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P. V. Rane
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903-IA3135-26-WP9442-19.DOC
these employees and their families have sustained so far without receiving
salaries is beyond imagination.