Nagpur Municipal Corporation, Thr. Commissioner, Nagpur and Ors. v. Rajkumar S/O. Ramaji Burbure and Anr.
Case brief
What is this about?
The Bombay High Court, Nagpur Bench, adjudicated multiple writ petitions and appeals challenging Industrial Court orders that granted regularization in service to municipal employees. The court held that regularization under Model Standing Order Clause 4(C) is barred where appointments were not made against sanctioned posts. Relying on Supreme Court precedents like Uma Devi and Hari Nandan Prasad, it rejected the argument that perennial nature of work overrides the statutory requirement of a sanctioned vacancy. The writ petitions by the Municipal Corporation were allowed, and the Industrial Court orders disbarring regularization without sanctioned posts were quashed.
What did the court decide?
The Writ Petitions are allowed. The judgments and orders of the Industrial Court allowing complaints and granting regularization in service to workmen who had not completed 240 days of service against sanctioned posts are quashed and set aside. The complaints are dismissed.