THE MUNICIPAL COUNCIL, TIRORA Vs. VIBHOBA RAJARAM BHANDARKAR

JUDGEMENT

(1.) In all these matters, the following question was referred for the decision of the larger Bench; "Whether, in the absence of creation or sanction of posts under Section 76 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the complainants were entitled to claim permanency or regularization in service on the basis of Clause 4C of the Model Standing Orders under the Industrial Employment (Standing Orders) Act, 1946 The Division Bench has answered the said reference by its common judgment and order dated 22.07.2016, as under;

(2.) Shri Parihar, the learned counsel appearing for the petitioners Municipal Council in all these matters submit that in none of the complaints, there was a pleading and proof of existence of posts sanctioned under Section 76 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (in short "the said Act").

(3.) In the absence of any finding about the existence of posts sanctioned under Section 76 of the said Act, the Industrial Court has in all these matters committed an error in holding that the complainants were entitled to regularization in service upon completion of 240 days continuous service during 12 calender months. The judgment and order passed by the Industrial Court cannot, therefore, be sustained. The same is required to be quashed and set aside and the complaints filed by the respondents in all these matters are required to be dismissed.