Bombay High Court Rules in Favor of Daily Wage Workers Seeking Permanent Employment
Court directs Malegaon Municipal Corporation to reinstate petitioners as permanent employees, ensuring compliance with constitutional and labor laws.
In a landmark judgment delivered on September 30, 2025, the Bombay High Court ruled in favor of four petitioners, Pradip Ramesh Shinde and others, who were employed as drivers and firemen on daily wages by the Malegaon Municipal Corporation. Justice Milind N. Jadhav presided over the case, emphasizing the importance of fairness and equality in employment practices, particularly for workers engaged in essential services for extended periods.
The petitioners, who had been working on daily wages since 2016-17, sought permanency in their employment, claiming that their work was of a perennial nature similar to that of regular employees. The court found that denying permanency to employees who have continuously worked for nine years in essential services amounts to exploitation and constitutes an unfair labor practice under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.
Justice Jadhav highlighted that arbitrary refusal to regularize employees despite their continuous engagement violates Articles 14, 16, and 21 of the Constitution of India, which safeguard equality before the law, equality of opportunity in public employment, and protection of life and personal liberty. The court rejected the Malegaon Municipal Corporation's justification of financial constraints and the absence of sanctioned posts, stating that these factors cannot override the basic rights of employees.
The judgment underscores that exploitation of workers through temporary or contractual employment, especially in essential services, cannot be justified on grounds of administrative convenience. It mandates that workers performing permanent tasks must be granted permanency to ensure fairness and dignity in public employment.
The court ordered the immediate reinstatement of the petitioners with back wages from July 2, 2025, the date of their termination, and directed that they be granted permanent status. This decision is expected to have significant implications for similar cases across the country, reaffirming the court's commitment to upholding labor rights and constitutional mandates.
Bottom Line:
Labour Law - Employees working on daily wages for extended periods in essential services such as drivers and firemen are entitled to permanency when their work is of a perennial nature and similar to that of regular employees.
Statutory provision(s):
- - Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Sections 28 and Item Nos. 6, 9, and 10 of Schedule IV
- - Constitution of India - Articles 14, 16, and 21
