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2022 DIGILAW 46 (BOM)

Raigad Zilla Parishad v. Kailash Balu Mhatre

2022-01-05

RAVINDRA V.GHUGE

body2022
JUDGMENT : 1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. 2. By this petition, the petitioner-Raigad Zilla Parishad seeks to challenge the Judgment and Order dated 13/12/2016 delivered by the Industrial Court at Thane, allowing Complaint (ULP) No.167 of 2014 and granting permanency and benefits incidental thereto, to the original 7 complainants. 3. The directions issued by the Industrial Court are as follows : “The complaint is allowed as follows :- (A) It is hereby declared that the respondents are engaged in an unfair labour practice falling under Item 6 of Schedule IV to the Act. (B) The respondents are directed to cease and desist from the unfair labour practice hereinafter. (C) The respondents are directed to give benefit of permanency to the complainants as per rules by taking appropriate steps. (D) The respondents to pay cost of the litigation to the complainants.” 4. By an order dated 23/07/2018, this Court permitted the petitioner to amend the petition for adding prayers so as to take care of similarly situated employee as like the complainants. Consequent to the said order, the petitioner added pleadings in terms of paragraphs 5A to 5M and further added prayer clause (aa). 5. Having considered the strenuous submissions of the learned counsel/AGP on behalf of all the litigating parties, it is obvious that the Industrial Court, Thane has delivered a brief judgment, without even considering the evidence recorded. In five short paragraphs, making reference to exhibited documents, the Industrial Court, Thane has drawn it’s conclusions in the light of Item 6 of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (for short, “the 1971 Act), which reads thus :- “To employ employees as “badlis”, casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent employees.” 6. Though the Industrial Court, Thane has not referred to Standing Order 4C of the Model Standing Orders, framed under the Industrial Employment (Standing Orders) Act, 1946, it has directed the Zilla Parishad to grant permanency to the complainants/daily wagers since they had worked for several years continuously as daily wagers and had completed 240 days in continuous service with the Zilla Parishad. 7. 7. This issue of invoking Standing Order 4C of the Model Standing Orders for granting permanency was considered by me at the Aurangabad Bench in the matters of Mukhyadhikari, Nagar Parishad, Tuljapur Vs. Vishal Vijay Amrutrao and others [2016(3) ALL MR 113] and Municipal Council, Tuljapur Vs. Baban Hussain Dhale [WP No.1843/2015 and connected matters, decided on 26/02/2015]. I had concluded that Standing Order 4C cannot be invoked with reference to State Instrumentalities or such local authorities, which do not have the power of creating posts. When an establishment cannot create posts, the declaration of ULP under Item 6 cannot be made against such establishment since temporary workers cannot be regularized, in the absence of sanctioned permanent posts. 8. In 2016, there were contradictory orders passed by the learned Single Bench at Nagpur in Writ Petition Nos.1209 of 2002, 1207 of 2002, 3087 of 2001 and 3436 of 2001. As such, a learned Single Judge Bench passed an order on 22/01/2015 in Writ Petition Nos.5191, 5199 to 5205, 5207 and 5520 of 2004 requesting The Hon’ble The Chief Justice of the Bombay High Court to constitute a Larger Bench. Consequentially, the Larger Bench decided the issue in Municipal Council Tirora Vs. Tulsidas Baliram Bindhade [2016 (16) Mh.L.J. 867]. It was concluded that in service matters concerning State Instrumentalities, the Industrial Court cannot grant regularization by invoking Standing Order 4C of the MSO for granting permanency or regularization. 9. It is quite apparent from the proceedings before me that none of the litigating parties have rendered any assistance to the Industrial Court, Thane by citing the correct position of law. Neither the two judgments delivered at Aurangabad (supra), nor was the judgment in Municipal Council Tirora (supra), cited before the Industrial Court, Thane. 10. The learned AGP, Mrs.Nimbalkar, has vehemently canvassed that the State Government does not have any role to play in this matter. She relies upon an affidavit-in-reply filed by Shri Rajendra M. Gengaje, Deputy Secretary, Water Supply and Sanitation Department, Mantralaya, Mumbai dtd.04/08/2021. She cites paragraphs 3 to 11 of the said affidavit, which read as under :- “3. At the outset, I say that bare perusal of the prayers made by the Petitioners in the ‘unamended’ Petition, makes it crystal clear that the Petitioners are challenging the Judgment and order 13.12.2016 passed by the Industrial Court at Thane in Complaint (ULP) No.167 of 2014. At the outset, I say that bare perusal of the prayers made by the Petitioners in the ‘unamended’ Petition, makes it crystal clear that the Petitioners are challenging the Judgment and order 13.12.2016 passed by the Industrial Court at Thane in Complaint (ULP) No.167 of 2014. I hasten to state at this juncture itself that this respondent is neither party in said proceedings nor there are any averments and/or prayer made against this respondent in the said proceedings. Admittedly all the prayers have been directed against Respondent Nos.1 to 3 therein i.e. (1) Raigad Zilla Parishad, (2) The Chief Executive Officer, (3) Executive Engineer, who are Petitioners in present Writ Petition. 4. It may further be noted that the said Judgment and order dated 13.12.2016 is an outcome of uncontested proceedings and for reasons best known to Petitioners, even Written Statement was not filed in said complaint before Industrial Court at Thane. 5. As aforesaid the present Respondent is not at all concerned with the original proceedings filed before the Industrial Court and the impugned order that is passed in the aforesaid proceedings by the Industrial Court, as the present Respondent was never party to the said proceedings. I say that therefore present Petition is not maintainable against the State of Maharashtra, since the same is essentially filed challenging Judgment and order dated 13.12.2016 by the Industrial Court at Thane. 6. I say that this Hon’ble Court vide order dated 23.07.2018 has permitted Petitioners to amend the present petition inter alia to include averments concerning their application made to this Respondent for sanction of posts to accommodate Respondent Nos.1 to 7 as permanent employees of Zilla Parishad. As such the Petitioners were permitted to amend the present petition only to the extent of making averments in the memo of petition as regards the aforesaid application. 7. It appears that in pursuance of the aforesaid order, the Petitioners have amended the present petition and has made averments in the memo of petition as regards the application made by it. However, by taking disadvantage of the aforesaid order, the Petitioners have also added new prayer being prayer clause (aa) against this respondent. In the humble submission of the respondent, the said amendment is beyond the scope of order dated 23.07.2018 and also beyond the scope of original Petition. I maintain and reiterate my objection to maintainability to Petition as against this respondent. In the humble submission of the respondent, the said amendment is beyond the scope of order dated 23.07.2018 and also beyond the scope of original Petition. I maintain and reiterate my objection to maintainability to Petition as against this respondent. 8. It may be noted that the proposal submitted by ‘Raigad Zilla Parishad’ has been rejected by reasoned order dated 02.06.2008, way back into year 2008 itself. By the said order, this Respondent had informed the ‘Raigad Zilla Parishad’ that as local Self Government and as appointing authority, it is the sole responsibility of ‘Zilla Parishad Raigad’ to pay salaries of its employees and that the State Government has no role in it. Hereto annexed and marked as Exhibit “R-1” is copy of communication dated 02.06.2008. I say and submit that said order rejecting the proposal of the Petitioners is received by the Petitioners and since the same has not been challenged in the court of law, the same has attained finality. 9. It appears that Petitioners have, nevertheless subsequent to order dated 02.06.2008, sent another proposal to this Respondent and by amended prayer clause (aa) has sought directions against this respondent to decide the same. It is submitted that by order dated 06.03.2020, even the said proposal has already been rejected with reasons mentioned therein. In view thereof, prayer clause (aa) does not survive. I say that the said order specifically refers to the earlier order dated 02.06.2008, whereby the earlier proposal of the Petitioners were rejected. Hereto annexed and marked as Exhibit “R-2” is copy of order dated 06.03.2020. 10. I say that in the said order, it is categorically stated that as per provisions of Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, more specifically Section 100(1), Section 123(1) and in view of 73rd Constitutional Amendment, payment of salaries, grant of various benefits to the employees working in Rural water supply scheme is the sole responsibility of ‘Zilla Parishad’. Provisions of Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, makes ample provisions for Zilla Parishad to collect Revenue and they are expected to generate the same so as to ensure that expenses are recovered. 11. Furthermore, this Respondent has issued Government Resolution dated 27.08.2008 wherein this very issue has been dealt with and guidelines have been issued. Provisions of Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, makes ample provisions for Zilla Parishad to collect Revenue and they are expected to generate the same so as to ensure that expenses are recovered. 11. Furthermore, this Respondent has issued Government Resolution dated 27.08.2008 wherein this very issue has been dealt with and guidelines have been issued. In the said GR it is stated that in view of 73rd Constitutional amendment, the item of ‘water-supply’ has been included in District list and therefore all Zilla Parishad’s are empowered to levy water charges in such manner as they can recover all their expenses. I say that this Respondent has further provided detailed guidance as to how Zilla Parishad can manage their financial affairs effectively. Hereto annexed and marked as Exhibit “R-3” is copy of Government resolution dated 27.08.2008. Considering the aforesaid facts and circumstances, the present Petition therefore may be kindly dismissed against this Respondent.” 11. The learned counsel for the petitioners points out that the Zilla Parishad has no difficulty in seeking regularization of not only the seven original complainants, but all identically placed 40 temporary workers working in the Water Supply Department, inclusive of these seven workers. However, the Zilla Parishad cannot create posts. It can only recommend to the competent Department of the State Government, which is the Department of Rural Development, for seeking sanction and for seeking permanency to such employees, who are working in the Class IV categories. He specifically refers to the pleadings in paragraphs 5D and 5J to 5L which read as under :- “5D. The Petitioner states that due to the aforesaid Communication, the Zilla Parisahd was required to pass a fresh Resolution and accordingly the General Body of Zilla Parishad held its meeting on 16/12/2008 and considered the subject of Regularization of Daily Wages as Subject No.13. A resolution came to be passed recommending the State of Maharashtra to regularize 40 Daily Wages workers working in the Water Department and Water Supply Scheme. It was pointed out that it was not possible for a Zilla Parishad to bear the burden of the Wages of the said Daily Employees and therefore, General Body resolved to recommend the State Government to sanction the posts held by those employees on regular basis so as to regularize their service. It was pointed out that it was not possible for a Zilla Parishad to bear the burden of the Wages of the said Daily Employees and therefore, General Body resolved to recommend the State Government to sanction the posts held by those employees on regular basis so as to regularize their service. Hereto annexed and marked Exhibit-F is the copy of the said Resolution No.293 passed in General Body Meeting held on 16/12/2008. 5J. The Petitioner states that as stated hereinabove, the State Government has taken policy decision to regularize the Daily Wages Workers working with Water Supply Department and Sub-Division of Zilla Parishad. However the same is not implemented. In fact the reading of Communication dated 12/11/2003 annexed at Exhibit-C, steps for regularizing the Daily Wages Workers working in Water Supply and Sanitation Department was already taken by Respondent No.8. However, the same is not implemented. 5K. The Petitioner, thus states that Respondent No.1 to 7 are out of 40 employees working with the Petitioner on daily wages. 2 employees of out of the said 40 employees have already expired. The Petitioner states that these daily wages employees including the Respondent Nos.1 to 7 are paid fixed salaries same as date of their employment and no increment or any other pal fixation have been done with regard to them as Respondent No.9 through its Water Supply and Sanitation Department has refused to grant sanction to take them on the establishment. Hence, it is necessary to direct the Respondent No.1 to grant sanction to the Petitioner permitting those 40 employees including Respondent Nos.1 to 7 to allow them to take on the establishment by sanctioning their posts. The Petitioner states that the services of those 40 employees cannot be taken on the establishment unless the same are sanctioned by Respondent No.8. 5L. The Petitioner further submits that for last so many years those 40 employees including Respondent No.1 to 7 are paid minimum wages from Maintenance and Repair Fund. The said head has no sufficient amount so as to pay the regular salaries to the Daily Wages Employees and therefore, for last several years Zilla Parishad for want of funds have not regularized their salaries inpsite of the Order passed by the Labour Courts. The said head has no sufficient amount so as to pay the regular salaries to the Daily Wages Employees and therefore, for last several years Zilla Parishad for want of funds have not regularized their salaries inpsite of the Order passed by the Labour Courts. The Petitioner states that in to regularize the services of Respondent Nos.1 to 7 in the above said Petition and pay them the Regular Wages, it is estimated that the Zilla Parishad will have to spend a sum of Rs.2,12,64,400/- (Rupees Two Crores Twelve Lakhs Sixty Four Thousand Four Hundred) and to regularize the services of remaining 33 Daily Wages Workers from the date of their appointment till March, 2018 a further sum of Rs.10,02,22,955/- (Rupees Ten Crores Two Lakhs Twenty Two Thousand Nine Hundred Fifty Five Only). Hereto annexed and marked Exhibit-I is a Chart Showing Calculation of amount payable to Daily Wages Workers.” 12. There is no dispute that these complainants as well as the other employees of the Zilla Parishad, around 40, have been working in the Water Supply Department of the Zilla Parishad. They have put in almost 30 years’ employment and the Zilla Parishad has maintained a seniority list of such employees. 13. Considering the law crystallized in Mukhyadhikari, Nagar Parishad, Tuljapur (supra), Municipal Council, Tuljapur (supra) and Municipal Council, Tirora (supra), the Zilla Parishad has to forward the proposals of such daily wagers to the Rural Development Department/Directorate of Municipal Administration, as the case may be, and such Department of the State Government then has to take a call by arriving at a decision. It requires to debate that such employees discharging their duties, be it in the Water Supply Department or Sanitation department etc., are indispensable. They shoulder responsibilities of the Zilla Parishad/Municipal Councils. These workers are a part of the Departments discharging civic functions and extending civic amenities to the citizens. 14. It is inhuman to make such workers work for 30 years and the Zilla Parishad being helpless, continues to request the State Government and the State Government rejects the proposal contending that, it has no funds. If this be the situation, the rule of law in a welfare state society would only be a paper arrangement. Employees who have dedicated 30 years of their lives in serving such State Instrumentalities/Local Authorities, would be without any job security and retiral benefits. If this be the situation, the rule of law in a welfare state society would only be a paper arrangement. Employees who have dedicated 30 years of their lives in serving such State Instrumentalities/Local Authorities, would be without any job security and retiral benefits. The Kalelkar Award, the Shastri Award, the Lad and Page Committee Recommendations, commonly known as ‘Vashila Paddhat’ etc., had ensured the regularization of daily wagers. The state Government, therefore, needs to take a decision as regards the water supply workers, who are working in such a Department which has to supply water to the citizens. If workers in such Departments are made to work as temporaries or daily wagers, it would not be inappropriate to state that the State Government has failed in taking care of such employees. Every employee has a right to job security and retiral benefits, save and except in case of illegal appointments or back door entries, in the light of the law laid down by the Hon’ble Apex Court in the case of Secretary, State of Karnataka & Ors. Vs. Umadevi (3) & Ors. [ (2006) 4 SCC 1 ]. 15. The learned AGP has vehemently canvassed that considering Sections 100, 123 and the First Schedule of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (for short, “Act of 1961”) read with the 73rd amendment to Article 243G of the Constitution of India, the Zilla Parisahd can create posts. Section 100(1) and Section 123(1) to (4) of the Act of 1961 read as under :- “100. (1)(a) It shall be the duty of a Zilla Parishad so far as the district fund at its disposal will allow, to make reasonable provision within the District with respect to all or any of the subjects enumerated in the First Schedule as amended from time to time under sub-section (2) (in this Act referred to as “the District List”) and to execute or maintain works or development schemes in the District relating to any such subjects. (b) Subject to the provisions of this sub-section, the State Government shall, by notification in the Official Gazette, transfer to the Zilla Parishad all such completed works or development schemes in relation to any subject enumerated in the District List, and may, in like manner, transfer to the Zilla Parishad also such like works and development schemes as are in progress. (c) On such transfer, the works and development schemes shall vest in the Zilla Parishad, but subject to such terms and conditions which may, within the consent of a Zilla Parishad be modified from time to time as may be specified in the notification under clause (b) : Provided that, on breach of any of the terms and conditions, the property vesting in the Zilla Parishad shall revest in the State Government and it shall be lawful for the State Government to resume possession thereof : Provided further that, if in the opinion of the State Government, it is necessary that any works or development scheme transferred as aforesaid should be managed, maintained or executed by the State Government itself or any property appertaining to any such works or development schemes transferred as aforesaid is required by the State Government the State Government may, by notification in the Official Gazette, direct that the works or development schemes, or, as the case may be, property appertaining to such works or development schemes specified in the notification shall, with effect from such date and subject to any terms and conditions as may be agreed upon between the State Government and the Zilla Parishad and mentioned therein, cease to vest in the Zilla Parishad and revest in the State Government. Provided also that, if in the opinion of the State Government, it is necessary that any work or Development scheme transferred as aforesaid should be discontinued the State Government may, by notification in the Official Gazette, direct that the work or development scheme or any property appertaining to any such work or development scheme specified in the notification shall with effect from the date mentioned therein cease to vest in the Zilla Parishad and revest in the State Government. (c-al) (A) Notwithstanding anything contained in clause (a), read with entries 58 and 59 in the First Schedule, a Zilla Parishad may, with the assistance of grant-in-aid provided by the State Government, undertake, though the State agencies execution of piped water supply schemes (including works), with a net capital cost of rupees one lakh or more for each such scheme. (c-al) (A) Notwithstanding anything contained in clause (a), read with entries 58 and 59 in the First Schedule, a Zilla Parishad may, with the assistance of grant-in-aid provided by the State Government, undertake, though the State agencies execution of piped water supply schemes (including works), with a net capital cost of rupees one lakh or more for each such scheme. (B) When the State Government undertakes a piped water supply scheme, the net capital cost of which is rupees one lakh or more, in pursuance of a resolution passed by a Zilla Parishad requesting the State Government to arrange for execution of such scheme and undertaking to take over the scheme within a specified period, it shall be the duty of the Zilla Parishad to take over such scheme for operation and maintenance within the specified period. Where any such scheme was completed, but was not taken over by the Zilla Parishads before the date of commencement of the Maharashtra Zilla Parishads and Panchayat Samities and Bombay Village Panchayats (Amendment) Act, 1981, the Zilla Parishad shall take it over within thirty days from the said date, which shall be the period specified for such scheme, and where any scheme is completed after the said date the Zilla Parishad shall take it over within such period as may be specified by the State Government. (c-1) Notwithstanding anything contained in clauses (b) and (c) of this section, any Officer of the State Government authorised under section 127 of this Act may visit the establishment or Office of any person who is benefited by any work or development scheme transferred to a Zilla Parishad under this section or inspect the record, or audit the accounts, of such persons and, if necessary, give appropriate directions for compliance by such persons. (d) All rights and liabilities which were enforceable by or against the State Government in relation to the works or schemes transferred under clause (b) under any contract or agreement or otherwise shall be enforceable by or against the Zilla Parishad and all rights and liabilities which were enforceable by or against the Zilla Parishad, in relation to the works or schemes or property appertaining thereto revested in the State Government under the second and third proviso to clause (c), under any contract or agreement or otherwise shall be enforceable by or against the State Government. (e) Subject to any general or special orders which may be made by the State Government in this behalf, every Zilla Parishad may give every year to any Panchayat Samiti within its jurisdiction a grant for carrying out or maintaining any works or development schemes, of such types as the Zilla Parishad may specify in this behalf, regard being had to the subjects enumerated in the Second Schedule.” Section 123 of the Act of 1961:- 123.(1) The State Government may, subject to such conditions and restrictions as may be specified by that Government, by order in the Official Gazette entrust to any Zilla Parishad, or Panchayat Samiti or both, the execution or maintenance of such works or development schemes whether within or without the District, and whether or not relating to any subject in the District List, as it may deem fit, and it shall be the duty of the Zilla Parishad or Panchayat Samiti, or as the case may be, both to execute or maintain works or development Schemes accordingly. (2) In the execution or maintenance of works or development schemes under this section, the Zilla Parishad or Panchayat Samiti or both shall, act as agent or agents of the State Government, and shall be paid by the State Government such sum (including any extra cost of administration incurred in executing works or schemes) as may be determined by the State Government. (3) The Zilla Parishad or Panchayat Samiti in acting under this section, shall be under the general control of the State Government and shall comply with such particular directives (if any) as may, from time to time, be given by the State Government in this behalf. (4) Notwithstanding anything contained in sub-section (1), the State Government may, by order withdraw the execution or maintenance of any work or development scheme entrusted to Zilla Parishad or Panchayat Samiti under the sub-section with effect from such date as may be specified in the order” 16. It is apparent that these provisions do not permit the Zilla Parishad to create posts. The First Schedule below Section 100 also does not permit the Zilla Parishad to create posts. Sections 243, 243A, 252 and 253 of the Act of 1961 read as under :- “243. It is apparent that these provisions do not permit the Zilla Parishad to create posts. The First Schedule below Section 100 also does not permit the Zilla Parishad to create posts. Sections 243, 243A, 252 and 253 of the Act of 1961 read as under :- “243. The initial strength and composition of Officers posted under a Zilla Parishad and of Officers and servants in each class of service referred to in section 239 (including their designations, categories or grades) shall be such as the State Government may by order issued from time to time (but not later than sixth months from the commencement of this Act) determine. * * * * * 243A. After the commencement of the Maharashtra Zilla Parishads and Panchayat Samitis (Third Amendment) Act, 1967, the State Government may, for ensuring the proper utilisation of the establishment grant given to Zilla Parishads under section 183, by order, lay down a staffing pattern indicating the strength and composition of the Officers and the servants in each class of service referred to in clause (b) of section 239 (including their designations, categories or grades): Provided that, thereafter a Zilla Parishad may alter under section 252 the strength and composition of the Officers and servants in each class of such service so however as not to affect adversely, without the previous approval of the State Government, any Officer or servant in that class of Service. 252. Save as otherwise provided in section 243 every Zilla Parishad shall from time to time prepare and sanction in such manner as may be prescribed by the State Government, a schedule of posts of District Technical Service (Class III), District Service (Class III), and District Service (Class IV) to be maintained on its staff for the efficient discharge of its duties and functions by or under this Act, including the staff under the Panchayat Samitis setting forth the designations and grades of different Officers and servants to be maintained by it, and which of the said Officers and servants are to be maintained permanently, and which temporarily. (2) The schedule of posts sanctioned under sub-section (1) shall be communicated to the Commissioner. 253. The Zilla Parishad may appoint any person not being the member of any service under a contract for special purpose, in accordance with rules prescribed by the State Government in this behalf. (2) The schedule of posts sanctioned under sub-section (1) shall be communicated to the Commissioner. 253. The Zilla Parishad may appoint any person not being the member of any service under a contract for special purpose, in accordance with rules prescribed by the State Government in this behalf. Such persons shall be paid their salaries, allowances and other emoluments from a district fund.” 17. It is, therefore, clear that the complainants and similarly situated workers would fall under the District Service (Class IV) in the employment of the Zilla Parishad and the Zilla Parishad can only prepare a Schedule or category of workers and the number of persons to be employed and seek the sanction of the State Government so as to permanently employ such employees. This would include a sanction from the Government to treat such employees as permanent employees. If the services rendered by such employees is a part of the civic functions and is an indispensable activity, the Government would not be justified in granting permanency to such employees, who have worked for more than 20 to 30 years. 18. The contention of the learned AGP that their proposals were rejected earlier in 2008 and on 06/03/2020 and that the same has not been challenged, is an issue which needs to be left in the background considering the directions that I would be issuing in this proceeding. The proposals of these workers has been rejected by the Government on an erroneous belief that because the Water Supply item is included in the District List by the 73rd amendment to the Constitution, that the Zilla Parishad can create posts. This is a misconception and the learned AGP has not been able to point out any specific decision of the State Government granting autonomy to the Zilla Parishad to create and sanction posts without referring to the State Government in view of Sections 252 and 253 of the Act of 1961. I, therefore, conclude that the Zilla Parishads in the State of Maharashtra, are not empowered to create permanent posts in the Class III and IV categories. 19. In view of the above, this petition is partly allowed. The directions issued by the Industrial Court, Thane being unsustainable in law, are set aside. The declaration of ULP under Item 6 of Schedule IV is also quashed and set aside. 19. In view of the above, this petition is partly allowed. The directions issued by the Industrial Court, Thane being unsustainable in law, are set aside. The declaration of ULP under Item 6 of Schedule IV is also quashed and set aside. The four directions of the Industrial Court are substituted with the following directions :- (a) Complaint ULP No.167 of 2014 is partly allowed. (b) Raigad Zilla Parishad is directed to prepare a fresh proposal of all the workers working in the Water Supply Department, inclusive of the original complainants, in order of their seniority in joining employment with the Zilla Parishad and forward the said proposal to respondent No.8 through the Rural Development Department, on or before 15/02/2022. (c) Respondent No.8/Competent Department shall take an appropriate decision of granting sanction to the posts so as to regularize the services of such daily wagers, on or before 30/06/2022. (d) In accordance with the seniority of these daily wagers, the Zilla Parishad shall, then issue orders of regularization of their services depending upon the number of posts created and/or permanent posts falling vacant due to superannuation of permanent employees, working in the Water Supply Department. (e) Respondent No.8, in coordination with the Zilla Parishad, would grant deemed dates of permanency to such daily wagers as per their seniority. (f) All monetary benefits, consequent to the grant of deemed dates of permanency, would be calculated and would be paid to such employees, on or before 31/08/2022. (g) In the event, respondent No.1 is not able to sanction all the posts in one stroke, the same shall be done in a staggered manner and such temporary/daily wagers would be granted permanency depending upon the availability of the posts. (h) Those daily wagers, who have attained the age of superannuation during the pendency of this proceeding, would be deemed to have been regularized from the deemed dates to which they would have been entitled to and all benefits incidents and consequential thereto, would be paid to them alongwith the other workers. (i) These directions would apply and cover even those employees who have unfortunately passed away during litigation or therebefore, notwithstanding whether they had approached the Industrial Court or not. (j) These daily wagers would not be terminated from service on the ground that they are temporaries, save and except for reasons involving disciplinary actions. 20. (i) These directions would apply and cover even those employees who have unfortunately passed away during litigation or therebefore, notwithstanding whether they had approached the Industrial Court or not. (j) These daily wagers would not be terminated from service on the ground that they are temporaries, save and except for reasons involving disciplinary actions. 20. Rule is made absolute in the above terms.