LAWS(BOM)-2018-8-286

CHIEF EXECUTIVE OFFICER Vs. MADHUKAR SADASHIV KOLI

Decided On August 13, 2018
CHIEF EXECUTIVE OFFICER Appellant
V/S
Madhukar Sadashiv Koli Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) On 16.01.2017, while issuing notices to the Respondents, I had passed the following order :- The petitioners are aggrieved by the judgment of the Industrial Court dated 5.12.2015, by which, Complaint (ULP) No.14 of 2014 has been allowed and respondent No.1 has been granted the relief of regularization as a permanent employee along with the monetary benefits as per the recommendations of the V and VI Pay Commissions and all ancillary service benefits. It is strenuously submitted that the respondent 1 employee / original complainant was working as a Labourer in the Water Supply Department. His duty was to control and supply the water to different Gram Panchayats, as per the schedule prepared. From 1976 to 1989 his services were assigned for the Gram Panchayat and on 5.5.1989, he was transferred to the Zilla Parishad. As such, the Industrial Court could not have granted him the benefits of regularization and monetary benefits pursuant to his superannuation.

(3.) I find that this Court has earlier dealt with Writ Petition No.7353 of 2014 and had directed the Secretary, Water Supply Department, Government of Maharashtra to take a decision in the matter of similarly situated workers. A further order was passed by the learned Division Bench of this Court, dated 15.11.2006, in Writ Petition No.4332 of 2006, by which, similar directions were issued in favour of the Maharashtra Jal Seva Karmachari Mahasangh, representing all such employees. The proposal with regard to such employees, including respondent No.1 is still pending for the last about 11 years.