Case Note & Summary
The petitioners, three daily wager employees of Shirdi Nagar Panchayat, filed a writ petition challenging the action of the respondents in overlooking their seniority while granting regularisation to daily wagers. The background involves about 77 employees who approached the Industrial Tribunal, Ahmednagar, in Reference I.T. No. 1 of 1997, which resulted in an award dated 6th May 1998 granting relief. The petitioners contended that despite being senior, they were not regularised while juniors who approached the court were regularised. The court heard the learned advocates for the petitioners, respondents No.1 and 2, and the Assistant Government Pleader for respondent No.3. Respondents No.4 to 13 remained absent despite service. The court framed the issue as whether seniority can be overlooked for regularisation merely because some employees approached the court. The Assistant Government Pleader submitted that no authority has the power to overlook seniority when granting service benefits. The court, after considering submissions and record, found that the petitioners were senior to respondents No.4 to 13 and that the respondents had no authority to overlook seniority. The court allowed the petition, directing the respondents to consider the petitioners for regularisation from the date their juniors were regularised, with consequential benefits, within three months.
Headnote
A) Service Law - Regularisation - Seniority - Overlooking seniority - The issue was whether seniority of daily wagers can be overlooked while granting regularisation merely because some employees approached the court. The court held that no authority has the power to overlook seniority when granting service benefits. The petitioners, being senior, cannot be denied regularisation while juniors are regularised. (Paras 3-6)
Issue of Consideration
Whether seniority of the petitioners can be overlooked while granting regularisation to daily wagers only because some daily wagers had approached this Court.
Final Decision
The petition is allowed. The respondents are directed to consider the petitioners for regularisation from the date their juniors were regularised, with consequential benefits, within three months.
Law Points
- Seniority must be respected in regularisation of daily wagers
- Regularisation cannot be based on approaching court
- Equal treatment of employees in same category
Case Details
2019 LawText (BOM) (06) 23
Writ Petition No. 4437 of 2001 with CA/705/2009 in WP/4437/2001
Mr. A.S. Shelke for petitioners, Smt. Renuka Ghule-Palve for respondents No.1 & 2, Mr. N.T. Bhagat, Asstt. Govt. Pleader for Respt. No.3
Anjali W/o Rajan Kote, Digambar S/o Vitthal Bhujbal, Prabhakar S/o Laxman Gujar
Shirdi Nagar Panchayat through Chief Officer, Shirdi Nagar Panchayat through Administrator, State of Maharashtra, Sarjerao S/o Sitaram Kamble, Smt. Jayashree W/o Gorakh Aasane, Kailas S/o Sukhdeo Wani, Balu S/o Dada Shelar, Dinkar S/o Bhimaji Wani, Bapusaheb S/o Rajaram Kalwaghe, Dileep S/o Nivrutti Pachore, Somnath S/o Changdeo Gadekar, Karbhari S/o Punjaba Malkar, Sanjay S/o Jagannath Kote
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Nature of Litigation
Writ petition challenging overlooking of seniority in regularisation of daily wagers.
Remedy Sought
Petitioners sought regularisation from the date their juniors were regularised with consequential benefits.
Filing Reason
Petitioners, being senior daily wagers, were not regularised while juniors who approached the court were regularised.
Previous Decisions
Industrial Tribunal, Ahmednagar, in Reference I.T. No. 1 of 1997, vide award dated 6th May 1998, granted relief to about 77 employees.
Issues
Whether seniority of the petitioners can be overlooked while granting regularisation to daily wagers only because some daily wagers had approached this Court.
Submissions/Arguments
Petitioners argued that they are senior to respondents No.4 to 13 and were not regularised while juniors were regularised.
Assistant Government Pleader submitted that no authority has the power to overlook seniority when granting service benefits.
Ratio Decidendi
No authority has the power to overlook seniority when granting service benefits. Seniority cannot be ignored merely because some employees approached the court.
Judgment Excerpts
The issue that needs to be considered in this petition is, as to whether seniority of the petitioners can be overlooked while granting regularisation to daily wagers only for the reason that some daily wagers had approached this Court.
The learned Asstt. Govt. Pleader emphatically submits that no authority has the power to overlook the seniority when it comes to granting of service benefits.
Procedural History
The petitioners filed Writ Petition No. 4437 of 2001 before the Bombay High Court, Aurangabad Bench, challenging the overlooking of seniority in regularisation. The court heard the matter and delivered judgment on 27th June 2019.
