Cleanliness For One Class Cannot Be Achieved By Engaging In Slavery Of Others: Bombay HC Upholds Award Directing MCGM To Regularize 580 Workers
The Bombay High Court upheld the award passed by the Industrial Tribunal directing Municipal Corporation of Greater Mumbai to regularize 580 workers.
The Court observed that, in a welfare State, cleanliness for one class of citizens cannot be achieved by engaging in ‘slavery’ of the others.
In that context, the Bench of Justice Milind N Jadhav observed that, "This fundamental right and the mandatory duty cannot be achieved by subjugating the fundamental rights of the workers to basic human dignity. The anxiety to find innovative ways to maintain a clean city can be understood, but in a welfare state, cleanliness for one class of citizens cannot be achieved by engaging in ‘slavery’ of the others. These 580 workers, working round the year, provide the foundation on which the City functions. Instead of acknowledging this importance and giving them stability of permanent tenure to improve their living conditions, the Corporation, a public body, has taken advantage of its dominant position to exploit this lowest strata of the community, disregarding various welfare measures suggested by the State."
Senior Counsel AY Sakhare, along with others, appeared for the petitioner, while Senior Counsel Sanjay Singhvi, along with others, appeared for the respondent.
In this case, the MCGM appealed against an industrial tribunal's decision that instructed them to grant permanent employment status and provide all associated benefits to 580 workers. The workers, represented by the Kachara Vahatuk Shramik Sangh union, had requested to be recognized as permanent employees.
These workers were engaged in tasks such as sweeping, cleaning, and garbage collection in Mumbai. They argued that many of them belonged to marginalized communities and lacked access to social benefits like health insurance. Additionally, they claimed that some had been performing these duties since 1996.
The High Court observed that, "The various ameliorative measures contemplated by the State for this class, their extreme backwardness tied up with the caste system, the lowly menial work they are forced to engage into by a public body which is bound to follow the ideals of the Constitution of India, makes the case of the concerned workers sui generis and cannot be compared to any other contract labour dispute. The Corporation is under a mandate to keep the City clean. Residents of the City have a fundamental right to a clean environment."
Holding that, "In the circumstances, setting aside the award in the equity jurisdiction of this court, will be a travesty of justice. The Award is therefore upheld and confirmed", the writ petition was dismissed.
Appearances:
Petitioner: Senior Counsel AY Sakhare, Counsels Carlos Joel, RY Sirsikar, Santosh Parad
Respondent: Senior Counsel Sanjay Singhvi, Counsel Rohini Thyagarajan
Cause Title: The Commissioner, Municipal Corporation of Greater Mumbai vs Kachara Vahatuk Shramik Sangh
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