AMC Has Domain To Regularise Employees Looking At Its Administrative Requirements & Financial Constraints: Gujarat HC Quashes Retrospective Regularisation Order
The Gujarat High Court has quashed the Order of the Single Bench which regularised the services of the employees with a retrospective effect while holding that the AMC has the domain to regularise its employees by looking at its administrative requirements and financial constraints.
The Court set aside the Order of the Single Bench which held that the employees of the Ahmedabad Municipal Corporation (AMC) were entitled to be regularised in service from the date on which they completed service of 5 years and 900 days and not from the date on which the regularisation order was passed.
A Division Bench of Justice A.S. Supehia and Justice Gita Gopi clarified, “It is always within the domain of the appellant-Corporation to regularize its employees looking to their administrative requirement and financial constrain, more particularly, when they have to create supernumerary posts.”
Senior Advocate Kamal Trivedi represented the Appellants, while Senior Advocate Yatin Oza appeared for the Respondents.
The Employees, working as daily wagers, had filed a Special Civil Application seeking regularisation. During its pendency, the AMC introduced a Resolution which provided for the regularisation of daily wagers who had completed five years and 900 days of service. Pursuant to this resolution, AMC regularised 2,823 employees, including the Respondents, but not retrospectively to the date they completed the eligibility period.
The Single Bench directed AMC to consider the regularisation of other employees under the same policy. Consequently, AMC passed another resolution regularising the Respondents from the resolution date.
The Respondents subsequently filed the present Writ Petition, contending they were entitled to regularisation from the date they completed five years and 900 days of service. The Single Bench allowed the Petition.
The Division Bench observed, “Thus, on an overall appreciation of the facts and the policy of the Corporation in light of the impugned judgment dated 18.09.2018 passed by the learned Single Judge in the captioned petition, we are of the opinion that the learned Single Judge has failed to appreciate the obligation of the appellant-Corporation and also the decision of the Coordinate Bench, and also erred in allowing the writ petition filed by the respondents-employees.”
Consequently, the Court held, “The decision of the learned Single Judge in allowing the writ petition filed by the respondents-employees, and further directing the appellantCorporation to regularize their services with retrospective effect from 01.11.2005, as erroneous. The award dated 30.06.1978 passed in Ref(IT) No.179 of 1975 does not in any manner help the respondents-employees, which relates to demand of workmen working in the Engineering Department of the appellant-Corporation for making them permanent after completion of 240 days of service, and ultimately, in the award, a formula was formed to grant benefit of such workmen, after completion of 5 years or more as on 31.03.1978.”
Cause Title: Ahmedabad Municipal Corporation & Anr. v. Prajapati Rohit P & Ors. (Neutral Citation: 2024:GUJHC:67865-DB)
Appearance:
Appellants: Senior Advocate Kamal Trivedi; Advocates Hamesh C Naidu and Ankeeta Rajput
Respondents: Senior Advocate Yatin Oza; Advocate M.N. Marfatia
