1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.137 OF 2007 PUBLIC INTEREST LITIGATION NO.137 OF 2007 PUBLIC INTEREST LITIGATION NO.137 OF 2007 Sharad Neelkanthrao Mirashi .. Petitioner vs. Municipal Commissioner for Kolhapur Municipal Corporation and Ors. .. Respondents Mr.S.S.Patwardhan for respondent no.1 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & DR.D.Y.CHANDRACHUD,JJ. DR.D.Y.CHANDRACHUD,JJ. DR.D.Y.CHANDRACHUD,JJ. DATE: 18TH FEBRUARY, 2009 DATE: 18TH FEBRUARY, 2009 DATE: 18TH FEBRUARY, 2009 P.C. 1. Heard. 2. This Public Interest Litigation was filed by Sharad Neelkanthrao Mirashi who drew the attention of this court to the mass scale irregularities in recruitments done by Kolhapur Municipal Corporation and, therefore, he has sought intervention of this court by invoking its extraordinary Jurisdiction in 2 response to the petition filed in public interest as it directly casts burden on the Municipal fund and tax payers money. The respondents have filed their affidavit in reply. This court at the time of admission passed various interim orders. The last was on 27.02.2008 which takes cognisance of the state of affairs in recruitments done by Kolhapur Municipal Corporation. What made the petitioner move this court was that all these persons who have been appointed through back door have approached the Tribunals and Labour Courts and obtained interim orders that Kolhapur Municipal Corporation should not terminate the services of daily wage workers. Even the Municipal Commissioner who is the Chief Executive Officer of the Kolhapur Municipal Corporation was in dilemma whether to follow the orders of the High Court, Labour Court or the Tribunal. We had made it clear that since the order of the Labour court or the Tribunals are not before this court and their legality is not under challenge, these orders are to be kept out of purview of this petition more so when beneficiaries of those orders are not before us and clarified that the order dated 20.09.2007 would not be impediment for the Corporation to follow any order of any Tribunal of any court. 3 3. We think that we can dispose of this petition with a direction to the respondent Kolhapur Municipal Corporation that they should abide by the statutory provisions while recruiting employees in Kolhapur Municipal Corporation whether against permanent vacancy, temporary or daily wage workers. The Municipal Corporation should bring to the notice of the Tribunals and labour courts the decision of the Supreme Court in the case of Official Liquidator vs. Dayanand Official Liquidator vs. Dayanand Official Liquidator vs. Dayanand & Ors. reported in (2008) 10 SCC 1 and Secretary, & Ors. reported in (2008) 10 SCC 1 and Secretary, & Ors. reported in (2008) 10 SCC 1 and Secretary, State of Karnataka and Ors. vs. Umadevi (3) and Ors. State of Karnataka and Ors. vs. Umadevi (3) and Ors. State of Karnataka and Ors. vs. Umadevi (3) and Ors. reported in (2006) 4 SCC 1 reported in (2006) 4 SCC 1 reported in (2006) 4 SCC 1 so that the courts are well assisted at the stage when interim applications are filed by such employees. We further expect the Kolhapur Municipal Corporation to follow these decisions of the Apex Court which are binding in the matter of public recruitment. With these observations, the petition stands disposed of. (J.N. PATEL, J.) (J.N. PATEL, J.) (J.N. PATEL, J.) 4 (DR.D.Y.CHANDRACHUD, J.) (DR.D.Y.CHANDRACHUD, J.) (DR.D.Y.CHANDRACHUD, J.)