Bombay High Court Upholds Absorption and Regularization of PCMC Workers. Court Directs PCMC to Regularize Wages from 2023 Without Back Wages for Prior Service


Summary of Judgement

  • Absorption and Permanency: The complainants are deemed to have been absorbed into the municipal service and made permanent as of August 18, 2005, based on a resolution by the PCMC's General Body. However, they are not entitled to any back wages from this date, though their service is considered regular for other purposes.

  • Wages and Pension Benefits: Those complainants still in service are to be paid wages in regular pay scales effective from January 30, 2023, and arrears of pay and pension must be settled within four months. For those who have passed away, their cases should be processed for pension benefits​.

  • Interim Stay: An interim stay on the judgment was requested but not granted, as the court found that an agreement between the parties to not pursue execution of the January 30, 2023, judgment for eight weeks sufficiently protected PCMC's interests​.

  • Absorption and Permanency of Employees

    • Recognition of absorption into service from August 18, 2005.
    • No entitlement to back wages, but service regularization confirmed.
  • Wages and Pension Benefits

    • Payment of regular wages from January 30, 2023.
    • Settlement of arrears and pension benefits within four months.
    • Provisions for deceased employees' pension benefits.
  • Interim Stay Denied

    • Court declines interim stay on judgment.
    • Agreement to delay execution by eight weeks as sufficient protection for PCMC.

The Judgement

Case Title: Pimpri Chinchwad Municipal Corporation Through its Municipal Commissioner & Ors. Versus Ravi Arjun Jagte Ors.

Citation: 2024 LawText (BOM) (8) 203

Case Number: WRIT PETITION NO.1860 OF 2024 WITH INTERIM APPLICATION NO.1455 OF 2024 IN WRIT PETITION NO.1860 OF 2024 WITH WRIT PETITION NO.4931 OF 2003

Date of Decision: 2024-08-20