LAWS(BOM)-2023-7-369

CHIEF EXECUTIVE OFFICER Vs. TANAJI RAMCHANDRA KADAM

Decided On July 18, 2023
CHIEF EXECUTIVE OFFICER Appellant
V/S
Tanaji Ramchandra Kadam Respondents

JUDGEMENT

(1.) Since a common question of law: whether the services rendered on daily wage basis qualify for the pensionable service, after the employee is made permanent, arises for determination in these petitions, in an identical factual backdrop, both the petitions are heard and decided by this judgment.

(2.) Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally.

(3.) Mr. Tanaji Kadam, the respondent in Writ Petition No. 12848 of 2022 and Mr. Jaysingh Kadam, the respondent in Writ Petition No.13157 of 2022 were appointed as sweepers with Vita Nagar Parishad, the petitioner, a local authority, on 20 th May, 1985. The respondents filed complaint before the Industrial Court at Kolhapur alleging unfair labour practices in not giving the benefit of permanency. During the pendency of those complaints, the petitioner and respondents arrived at a settlement. In accordance with the terms of settlement, the parties agreed that the respondents would be absorbed in the services of the petitioner and made permanent.