:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 448 OF 2008 IN WRIT PETITION NO. 10373 OF 2004 1. Sunil Jyotiram Mangalekar and ors. ..Applicants Vs. 1. Chief Officer, Ichalkaranji Municipal Council Ichalkaranji, Kolhapur and anr. ..Respondents Ms. Seema Sarnaik for applicants. Mr. T.S. Ingale for respondent no.1. CORAM: CORAM: CORAM: B.H. B.H. B.H. MARLAPALLE, J. MARLAPALLE, J. MARLAPALLE, J. Date Date Date : : : February 20, 2008. February 20, 2008. February 20, 2008. P.C.: P.C.: P.C.: 1. The applicants had approached the Industrial Court in Complaint (ULP) No. 82 of 2000 praying for the relief of permanency in the employment of Ichalkaranji Municipal Council and the said relief came to be rejected by the Industrial Court in respect of the present applicants as they were not listed in the seniority list as per the impugned judgment and order dated 31/7/2004 in Writ Petition No. 10373 of 2004. The Municipal Council has been directed to :2: consider the case of the employees whose names appear in the seniority list but are not covered under the orders passed by this court in Writ Petition No.1163 of 1994, for regularisation in service. 2. This application has been filed seeking directions against the Municipal Council so as to restrain it from filling up the vacancies in Class IV category. Affidavit-in-reply has been filed on behalf of the Municipal Council and it has been stated that the applicants who worked as "badli" workers cannot claim for absorption in regular employment and the appointments in regular posts are required to be made by following the procedure set out in Section 76 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965 (the Municipalities Act for short). So far as the present recruitment is concerned, it has been clarified that 43 posts are required to be filled in from the State Level Cadre of Municipal Employees through the office of the Director of Municipal Administration, 12 posts have been sanctioned in the Officer level in the technical branch and there are 8 posts available for the handicapped persons. As per the learned counsel for :3: the Municipal Council, for the State level posts and for the Officers post in technical branch, none of the applicants are eligible, however, if any posts for physically handicapped category are available in Class IV and any of the applicants fits into this category, his/her case will be considered subject to other eligibility requirements. 3. Hence, as at present, no such directions as prayed for could be issued and more so when the applicants’ claim has been dismissed by the Industrial Court. 4. The application is rejected. 5. Call for R & P in Writ Petition No. 10373 of 2004. 6. Leave to amend the petition memo in Writ Petition No. 10373 of 2004. (B.H. (B.H. (B.H. Marlapalle,J.) Marlapalle,J.) Marlapalle,J.)