Bombay High Court orders CPWD to reinstate the workman in services after 23 years of his termination and with the benefits of permanency for the last 25 years
Mumbai, Date 30: The industrial dispute raised by Panchling Shivram Sutar, who was working as Motor Lorry Driver for the Central Public Works Department (CPWD) of the Central Government in its establishment at Navi Mumbai from 27th May 1991 against the vacant post for his regularization in the services of CPWD was decided by the Central Government Industrial Tribunal, Mumbai by the award dated 21st June 1999 passed in Reference No. CGIT-2 /105 of 1998 directing CPWD to regularize his services against one of the vacant posts. However, the CPWD approached Bombay High Court by way of writ petition No. 4121 of 2001 and obtained an interim order for staying the operation of the award pending final hearing and disposal of the petition. CPWD terminated the services of the workman from the services w.e.f. 30.03.2001 for no valid reason. The industrial dispute raised by the workman for his reinstatement in services came to be decided by the Central Government Industrial Tribunal, Mumbai by the award dated 4th March 2009 in Reference No. CGIT-2/66 of 2002 against the workman. The workman approached the Bombay High Court by way of writ petition No. 6704 of 2009. Both the writ petitions, one filed by CPWD and another by the workman came to be decided by the common order dated 28th September 2018 passed by Justice Sadhana S. Jadhav directing the CPWD to reinstate the workman in services w.e.f.1st April,2001 with full back wages and consequential benefits, issue work order to the workman on/or before 30th November, 2018 and regularise his services as per the award dated 21.06.1999 and from the date of award i.e. from 21st June 1999.
CPWD challenged the order dated 28th September, 2018 passed by Bombay High Court in the Supreme Court of India by way of Special Leave Petition (C) Nos. 15829-15830/2019 (Union of India Vs. Panchu S. Sutar & Anr.) which came to be dismissed by the Supreme Court of India by the order dated 8th January, 2024. CPWD however did not obey the order dated 28th September, 2018 passed by the Bombay High Court. The Contempt Petition No. 173 of 2019 filed by the workman which was kept in abeyance in view of the proceedings in the Supreme Court came to be listed for hearing thereafter from time to time before Justice Sandeep V. Marne. Finally, the Executive Engineer of CPWD who was named as contemnor in the petition filed the affidavit dated 21st September, 2024 in Bombay High Court to the effect of allowing the workman to resume his duties and regularising the services of the workman in the post of Motor Lorry Driver under Group C category in the pay scale of Rs. 3050-75-3950 together with all allowances with effect from 21st June, 1999 and all his arrears of pay and allowances will be paid to him in accordance with the rules and orders in force in Government of India from time to time. Justice Shri Sandeep V.Marne by the order dated 23rd September, 2014, therefore, closed the contempt petition giving a liberty to the workman to move the court in the event there is any delay on the part of the CPWD in paying the amount of arrears. Sutra reported for duty on 24th September, 2024 after the period of more than 23 years and he would get the benefits of his regularization in services for the last 25 years. Advocate Jaiprakash Sawant appeared for the workman in High Court in all the cases. Advocate Ashutosh Gole appeared for the CPWD. The long drawn case of the workman ended happily by the High Court orders reassuring the strong faith of the common man in judiciary and solace to the working class, said Advocate Jaiprakash Sawant who all along assisted the workman for the last more than 25 years.
