Allowed

Kalpana Vijay Bhagat and Ors. v. Thane Municipal Corporation Thr the Commissioner and Anr.

Bombay HC29 Aug 2024WP/4266/2024

Case brief

AI extract

What is this about?

Petitioners, erstwhile Board employees absorbed by Thane Municipal Corporation, sought counting of past service for selection grade and pay fixation after the Industrial Court dismissed their ULP complaint. Holding the option letter proved and clause 13 requiring continuous service, the High Court set aside the order and allowed the complaint.

What did the court decide?

Industrial Court judgment dated 27 September 2023 set aside; Complaint ULP No. 166 of 2010 allowed; Respondent directed to compute petitioners' entire past Board service for pay fixation and selection

Kalpana Vijay Bhagat and Ors. vs Thane Municipal… — Service and Employment | Bombay HC (2024)

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Gayatri Shimpi

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32-WP-4266-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4266 OF 2024

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Kalpana Vijay Bhagat and Ors. ….Petitioners V/s. Thane Municipal Corporation Thr. The Commissioner and Anr. ….Respondents

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__________________________________________________________

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Mr. Yogendra M. Pendse , Advocate for the Petitioners. Mr.Ajit R. Pitale, Advocate for the Respondent.

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CORAM : SANDEEP V. MARNE, J.

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Date : 5 SEPTEMBER 2024.

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P.C. :

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Rule. Rule made returnable forthwith. By consent of the learned counsel appearing for parties, the Petition is taken up for final hearing and disposal.

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By this Petition, Petitioners challenge Judgment and Order dated 27 September 2023 passed by Industrial Court, Thane dismissing the Complaint ULP No.166 of 2010. The complaint was filed by Petitioners for computing their services rendered in Maharashtra Water Supply and Sewerage Board ( Board) for the purpose of award of selection grade and for pay fixation by Thane Municipal Corporation.

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___Page No.1 of 4 ___ 5 September 2024

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Gayatri Shimpi

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32-WP-4266-2024.doc

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I have heard Mr. Pendse, the learned counsel appearing for Petitioners and Mr. Pitale, the learned counsel appearing for Respondents.

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After having considered the submissions canvassed by the learned counsel appearing for parties and after going through the findings recorded by the learned Member of the Industrial Court, it clearly appears that the learned Member has not correctly appreciated the grievance of the Petitioners, in the light of terms and conditions of the agreement dated 1 May 1995. Two clauses of the agreement are relevant for the purpose of the present case. Clauses 13 and 18 provide thus :-

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(13) gLrkarj.kkr dkexkjkaph eaMGkdMhy lsok vkSn;ksfxd fookn vf/kfu;ekaP;k dye 25 (Q) (Q) e/khy ijarqdkP;k [kaM (v) (c) (d) P;k ;kstukalkBh v[kaMhr o lyx dj.;kar ;smu R;kauk gLrkarj.kkiwohZ ykxw vlysY;k lsok pkyq jkgrhy+-

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(18) gLrkarfjr lsodkaph ins Bk.ks egkuxjikfydse/;s ulrhy rj R;kauk egkik.kh iqjoBk o tyfu%rkj.k eaMGkph osruJs.kh ns.;kr ;koh- R;kpizek.ks tj deZpk&;kus fodYi fnyk rj Bk.ks egkuxjikfydsph osruJs.kh ykxw djrkauk laiw.kZ lsokdkG fopkjakr ?ksmu egkujikfydsP;k fu;ekizek.ks gLrkarfjr lsodkaph lq/kkfjr osruJs.kh dj.;kar ;sbZy-

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Under clause 18, the employees were supposed to exercise an option in the event the post occupied by them was not available in Thane Municipal Corporation and after doing so, the employee giving option became entitled to have his entire past service in the Board to be counted for pay fixation. The learned Member of the Industrial Court has held that no

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___Page No.2 of 4 ___ 5 September 2024

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Gayatri Shimpi

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32-WP-4266-2024.doc

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document was placed on record to demonstrate exercise of such option by Petitioners. However, Mr. Pendse has invited my attention to letter dated 20 March 1998 of Executive Engineer, Water Supply and Sewerage Department of Thane Municipal Corporation addressed to the Personnel Officer, Personnel Department, Thane Municipal Corporation forwarding options of all 82 erstwhile employees of the Board (except C. B Padwal, who had resigned by that time) for fixation their pay scales. It appears that said document has been admitted in evidence at Exhibit U-11. Therefore, the finding recorded by the learned Member about failure to exercise option appears to be perverse.

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So far as the issue of counting of past services for award of selection grade is concerned, clause 13 of the agreement specifically provided that for the purposes of clauses (a), (b) and (c) of Proviso to Section 25FF of the Industrial Disputes Act, 1947, the services of the employees in the Board shall be treated as continuous and uninterrupted. This aspect is totally overlooked by the learned Member while dismissing the complaint. There appears to be specific agreement for treatment of past services of the employees with the Board as continuous and uninterrupted for all the purposes under clauses (a), (b) and (c) of Proviso to Section 25FF of the ID Act. In my view therefore, Petitioners have made out the case for counting of their past services both for the purposes of pay fixation as well as for award of selection grade.

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Writ Petition accordingly succeeds and I proceed to pass the following order :-

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___Page No.3 of 4 ___ 5 September 2024

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Gayatri Shimpi

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32-WP-4266-2024.doc

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(a) Judgment and order dated 27 September 2023 passed by the Member, Industrial Court, Thane, is set aside.

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(b) Complaint ULP No. 166 of 2020 is allowed by directing the Respondent-Municipal Corporation to compute the entire past services of the Petitioners with the Board for the purposes of pay fixation as well as for award of selection grade.

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1. With the above directions, Writ Petitions is allowed. Rule is made absolute. There shall be no order as to costs.

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[SANDEEP V. MARNE, J.]

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Digitally signed GAYATRI by GAYATRI RAJENDRA RAJENDRA SHIMPI SHIMPI Date: 2024.09.06 13:42:35 +0530

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___Page No.4 of 4 ___ 5 September 2024

Kalpana Vijay Bhagat and Ors. v. Thane Municipal Corporation Thr the Commissioner and Anr.

Case brief

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Kalpana Vijay Bhagat and Ors. v. Thane Municipal Corporation Thr the Commissioner and Anr.

Case brief

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