Case Note & Summary
The Bombay High Court allowed a group of writ petitions filed by employees of Bhiwandi Nizampura City Municipal Corporation challenging their reversion from clerical posts to their original posts of Safai Kamgar. The petitioners were initially appointed as Safai Kamgar but were deputed to work as clerks for periods ranging from 5 to 15 years. The Corporation issued orders reverting them without any prior notice or opportunity of hearing. The petitioners challenged these orders before the Industrial Court under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, but their complaints were dismissed. The High Court held that the reversion orders were illegal as they violated principles of natural justice. The Court noted that the employees had a legitimate expectation of being considered for absorption based on a 2005 Resolution of the Corporation that provided for regularization of deputed employees. The Court set aside the impugned orders and directed the Corporation to consider the petitioners' cases for absorption in accordance with the 2005 Resolution and applicable rules. The Court also held that the reversion without hearing amounted to an unfair labour practice. The petitions were allowed with no order as to costs.
Headnote
A) Service Law - Reversion - Natural Justice - Reversion from higher post to lower post without notice or hearing is illegal - The Corporation's order reverting petitioners from clerical posts to Safai Kamgar without any show cause notice or opportunity of hearing violates principles of natural justice (Paras 1-10). B) Service Law - Deputation - Legitimate Expectation - Employees who worked for long periods on deputation have a legitimate expectation of being considered for absorption - Petitioners worked as clerks for 5-15 years and were entitled to be considered for regularization (Paras 11-20). C) Municipal Law - Maharashtra Municipal Corporations Act, 1949 - Section 81 - Power to appoint - The Corporation's power to appoint includes power to depute and absorb employees - The 2005 Resolution provided for regularization of such deputed employees (Paras 21-30). D) Industrial Law - Industrial Disputes Act, 1947 - Unfair Labour Practice - Reversion without following due process amounts to unfair labour practice - The Industrial Court's order dismissing complaints was set aside (Paras 31-38).
Issue of Consideration
Whether the reversion of employees from clerical posts to their original posts of Safai Kamgar without prior notice or opportunity of hearing is illegal and violative of principles of natural justice.
Final Decision
The High Court allowed the writ petitions, set aside the impugned reversion orders and the Industrial Court's orders, and directed the Corporation to consider the petitioners' cases for absorption in accordance with the 2005 Resolution and applicable rules. No order as to costs.
Law Points
- Natural justice
- Reversion without hearing
- Legitimate expectation
- Deputation
- Absorption
- Maharashtra Municipal Corporations Act
- 1949
- Industrial Disputes Act
- 1947
- Unfair labour practice
