1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.6953 of 2006 Ratnagiri Municipal Council, Ratnagiri, through its Chief Officer Petitioner Vs. Mr.Prabhakar Shivram Mayekar Respondent Mr.C.R.Sonawane for petitioner. Mr.S.M.Kamble for respondent. CORAM: B.H.MARLAPALLE, J. March 3, 2008 P.C. 1. Heard Mr.Sonawane, the learned counsel for the petitioner - Council. Mr.S.M. Kamble appears for the respondent - employee. 2. The employee had approached the Industrial Court in Complaint (ULP) No.449 of 2003 which has been allowed by the impugned judgment and order dated 19/12/2005 and the Industrial Court has directed the Municipal Council to regularise the employment of the respondent as watchman from 1/1/1993 and extend him all the benefits of permanency. 3. Mr.Sonawane, the learned counsel for the 2 Municipal Council has invited my attention to the G.R. dated 18/1/2001 issued by the Government of Maharashtra and by the said G.R. certain posts in Class III and Class IV came to be sanctioned by the State Government. In Schedule "B" to the said G.R. there is a list of persons working in Class III and Class IV and the Government has sanctioned the creation of posts for all these 55 persons in Class III and Class IV. The name of the respondent - employee appears at Sr.No.15. Mr.Sonawane further stated that the petitioner - Council has decided to absorb the respondent as a Safai Kamgar in Class IV and the respondent is agreeable for the same. Mr.Kamble, the learned counsel for the respondent has confirmed the acceptance of the respondent to the proposal of the Municipal Council. However, the benefit of permanency will be applicable from the date of the G.R. issued by the State Government on 18/1/2001 and for the earlier period the employee would not have any claim. 4. Hence the petition is allowed in terms of the following directions: (a) The respondent will be regularised in Class IV 3 category (Safai Kamgar) with effect from 18/1/2001 pursuant to the G.R. issued by the Government of Maharashtra sanctioning 55 posts, on 18/1/2001. (b) The respondent shall have no claim for the period prior to 18/1/2001 by way of arrears of pay or any other consequential benefits. (c) It is agreed that for the retiral benefits, the service of the respondent in regular cadre will be counted from 18/1/2001. 5. The relief granted by the Industrial Court stands modified in terms of the above directions. (B.H.MARL