The Bombay High Court, in a writ petition, directed the Zilla Parishad, Ahmednagar, to pay a lumpsum compensation of Rs. 7,50,000/- to the petitioner, a part-time sweeper who worked for 41 years without regularization or any pensionary benefits. The Court recognized that despite his long tenure, he could not be absorbed into a regular position due to government policy changes and the reduction of positions.

1. Parties Involved:

   • Petitioner: A part-time sweeper employed by the Zilla Parishad, Ahmednagar.
   • Respondent: Zilla Parishad, Ahmednagar, represented by the District Animal Husbandry Officer.

2. Employment Background:

   • The petitioner worked as a part-time sweeper in a Veterinary Hospital under the Zilla Parishad, Ahmednagar, since 1983.
   • His initial salary was Rs. 110 per month, which was incrementally raised over time, reaching Rs. 4,587 per month by 2016.
   • The petitioner reached the age of superannuation on 30th June 2024, following which he was no longer employed by the Zilla Parishad.

3. Petitioner's Claims:

   • The petitioner sought outstanding wages, arrears, absorption as a regular employee, or compensation in lieu of regularization, and retirement benefits, including pension and gratuity.

4. Respondent's Defense:

   • The Zilla Parishad, relying on various government resolutions and circulars, contended that no regular posts of attendants had been filled since 2016, and the petitioner, being a part-time employee, was not entitled to regularization, pension, or gratuity.

5. Court Observations:

   • The Court observed that the petitioner worked for over four decades, and the possibility of his absorption was minimal due to the reduction of posts and lack of any specific policy by the State Government to absorb such part-time employees.
   • It was also noted that similar compensations had been granted in earlier cases involving long-serving employees.

6. Judgment:

   • The Court granted a lumpsum compensation of Rs. 7,50,000/- to the petitioner in lieu of regularization and other service benefits. The Zilla Parishad was directed to make the payment within 60 days.

Acts and Sections Discussed:

• Minimum Wages Act, 1948: Addressed the revision of wages for part-time employees.
• Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967: Governed the recruitment and service conditions, particularly regarding the absorption of employees.
• Circular dated 24/03/2016 by Animal Husbandry Department, Government of Maharashtra: Pertained to the wages and potential absorption of part-time employees.

Ratio Decidendi:

The decision hinged on the principles of fairness and justice, recognizing the long tenure of service by the petitioner without regularization or retirement benefits. The Court emphasized that while there was no legal entitlement to regularization, given the petitioner's 41 years of service and lack of a policy by the State Government for the absorption of part-time employees, compensation was justified to ensure basic sustenance for the petitioner.

Subject:

Employment Law, Compensation, Service Regularization, Retirement Benefits.

Employment Law, Part-Time Workers, Zilla Parishad, Absorption Policy, Compensation, Pensionary Benefits, Maharashtra.