The Times of India 22.10.2010
PCMC rapped for not executing resolution to pay fire brigade employees
PUNE: The court of district judge J D Kulkarni has rapped the Pimpri Chinchwad Municipal Corporation (PCMC) for not executing a 1981 resolution for providing additional wages to 83 fire brigade employees even after making them work on holidays.
The PCMC standing committee had passed a resolution on November 23, 1981 for paying additional wages to the firemen as they were working on weekly offs and even on second and fourth Saturdays. The firemen had moved the civil court after the PCMC had failed to execute the resolution. After the civil court had ruled in favour of the employee in 1992, the PCMC had filed a civil appeal before the district and sessions court on the ground that the resolution was illegal.
The appeal came up for final hearing before Judge Kulkarni.
The contention of the civic body was that the suit filed by the employee was time barred as some employees who had joined the service in 1973 had moved the court after few years. The PCMC had submitted that the employees had not given them notice under section 487 of the Bombay Provincial Municipal Corporation Act before moving the court.
It had contended that it had challenged the resolution before the secretary town planning and public works department at Mantralaya for declaring it as null and void on November 23, 1992. Their lawyer had cited a government letter dated July 20, 2006 that it was not binding on them to execute an illegal resolution.
Judge Kulkarni held that the government letter had nothing to with the case as it pertains to another resolution which was passed on May 16, 2006. Kulkarni observed that the PCMC had not implemented the resolution despite the employees making repeated demands. The government till date had not set aside the resolution.
It said that the civil court had properly applied its mind that the resolution will be made applicable to the employees from the second and fourth Saturday after December 24, 1991. Kulkarni said the resolution is operational as the PCMC had not taken any decision to declare the resolution as invalid or illegal or unexecutable. Municipal commissioner Ashish Sharma on Wednesday said the PCMC will be filing an appeal.
The PCMC standing committee had passed a resolution on November 23, 1981 for paying additional wages to the firemen as they were working on weekly offs and even on second and fourth Saturdays. The firemen had moved the civil court after the PCMC had failed to execute the resolution. After the civil court had ruled in favour of the employee in 1992, the PCMC had filed a civil appeal before the district and sessions court on the ground that the resolution was illegal.
The appeal came up for final hearing before Judge Kulkarni.
The contention of the civic body was that the suit filed by the employee was time barred as some employees who had joined the service in 1973 had moved the court after few years. The PCMC had submitted that the employees had not given them notice under section 487 of the Bombay Provincial Municipal Corporation Act before moving the court.
It had contended that it had challenged the resolution before the secretary town planning and public works department at Mantralaya for declaring it as null and void on November 23, 1992. Their lawyer had cited a government letter dated July 20, 2006 that it was not binding on them to execute an illegal resolution.
Judge Kulkarni held that the government letter had nothing to with the case as it pertains to another resolution which was passed on May 16, 2006. Kulkarni observed that the PCMC had not implemented the resolution despite the employees making repeated demands. The government till date had not set aside the resolution.
It said that the civil court had properly applied its mind that the resolution will be made applicable to the employees from the second and fourth Saturday after December 24, 1991. Kulkarni said the resolution is operational as the PCMC had not taken any decision to declare the resolution as invalid or illegal or unexecutable. Municipal commissioner Ashish Sharma on Wednesday said the PCMC will be filing an appeal.
