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 WRIT PETITION NO.8182 OF 2005 WRIT PETITION NO.8182 OF 2005 WRIT PETITION NO.8182 OF 2005 Nasik Mahanagarpalika Kamgar ...Petitioners Nasik Mahanagarpalika Kamgar ...Petitioners Nasik Mahanagarpalika Kamgar ...Petitioners Vs. Vs. Vs. Nasik Municipal Corporation & Ors. ...Respondents Nasik Municipal Corporation & Ors. ...Respondents Nasik Municipal Corporation & Ors. ...Respondents ----- ----- ----- Mr. Bhavesh Parmar Adv. for Petitioners Mr. Bhavesh Parmar Adv. for Petitioners Mr. Bhavesh Parmar Adv. for Petitioners Mr. R.V. More Adv. for Respfondent No.1 Mr. R.V. More Adv. for Respfondent No.1 Mr. R.V. More Adv. for Respfondent No.1 CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. DATED: 30TH NOVEMBER , 2005 DATED: 30TH NOVEMBER , 2005 DATED: 30TH NOVEMBER , 2005 P.C. P.C. P.C. . Rule. . Rule. . Rule. 2. In view of the order to be passed, notice to 2. In view of the order to be passed, notice to 2. In view of the order to be passed, notice to Respondent No.3 dispensed with. Respondent No.3 dispensed with. Respondent No.3 dispensed with. 3. The Petitioners are contract workers working 3. The Petitioners are contract workers working 3. The Petitioners are contract workers working with the Contractor whose contract expires today. with the Contractor whose contract expires today. with the Contractor whose contract expires today. Respondent No.1 has been entering into the contracts Respondent No.1 has been entering into the contracts Respondent No.1 has been entering into the contracts from time to time. The limited relief that the from time to time. The limited relief that the from time to time. The limited relief that the Petitioners seek is that the Respondent No.1 should Petitioners seek is that the Respondent No.1 should Petitioners seek is that the Respondent No.1 should make seniority list of the contract workers and the make seniority list of the contract workers and the make seniority list of the contract workers and the contract workers should be given job by the Contractor contract workers should be given job by the Contractor contract workers should be given job by the Contractor who is given contract by Respondent No.1. who is given contract by Respondent No.1. who is given contract by Respondent No.1. 4. Considering the controversy the Petition is 4. Considering the controversy the Petition is 4. Considering the controversy the Petition is disposed of by issuing following directions. disposed of by issuing following directions. disposed of by issuing following directions. 2 1. The Assistant Labour Commissioner, 1. The Assistant Labour Commissioner, 1. The Assistant Labour Commissioner, Nasik to get prepared appropriate list of Nasik to get prepared appropriate list of Nasik to get prepared appropriate list of contract workers within a period of not less contract workers within a period of not less contract workers within a period of not less than 4 weeks from today and to fix their than 4 weeks from today and to fix their than 4 weeks from today and to fix their seniority in terms of the dates on which they seniority in terms of the dates on which they seniority in terms of the dates on which they first joined. first joined. first joined. 2. The Respondent No.1 on giving contract 2. The Respondent No.1 on giving contract 2. The Respondent No.1 on giving contract to request the Contractor to take the contract to request the Contractor to take the contract to request the Contractor to take the contract workers in terms of seniority list prepared by workers in terms of seniority list prepared by workers in terms of seniority list prepared by the Asstt. Labour Commissioner maintained by the Asstt. Labour Commissioner maintained by the Asstt. Labour Commissioner maintained by Respondent No.1. Respondent No.1. Respondent No.1. 3. The Contractor firstly to employ such 3. The Contractor firstly to employ such 3. The Contractor firstly to employ such workers from the list subject to their workers from the list subject to their workers from the list subject to their seniority. seniority. seniority. 4. Needless is to say that the employer, 4. Needless is to say that the employer, 4. Needless is to say that the employer, contractor will have full right to exercise contractor will have full right to exercise contractor will have full right to exercise necessary control on the workmen to engage and necessary control on the workmen to engage and necessary control on the workmen to engage and to carry out the contract. to carry out the contract. to carry out the contract. 5. Rule is made absolute accordingly. No 5. Rule is made absolute accordingly. No 5. Rule is made absolute accordingly. No order as to costs. order as to costs. order as to costs. 6. The Assistant Labour Commissioner, 6. The Assistant Labour Commissioner, 6. The Assistant Labour Commissioner, Nasik to comply with this order on copy of Nasik to comply with this order on copy of Nasik to comply with this order on copy of this order being supplied to him and the this order being supplied to him and the this order being supplied to him and the 3 period will commence from the service of the period will commence from the service of the period will commence from the service of the copy of the order. copy of the order. copy of the order. . All parties to act on the authenticated copy . All parties to act on the authenticated copy . All parties to act on the authenticated copy of this order. of this order. of this order. (F.I.REBELLO J.) (F.I.REBELLO J.) (F.I.REBELLO J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)