Indore (Madhya Pradesh): Supreme Court has dismissed a petition filed by Indore Municipal Corporation (IMC), challenging Indore Bench of Madhya Pradesh High Court judgement that cleared the way for regularisation of 1,650 daily-rated drivers and granting them pay benefits at par with permanent employees.
The dispute dates back to engagement of 1,826 drivers by IMC in 2016 for door-to-door garbage collection, a key initiative that helped Indore achieve the distinction of being India’s cleanest city for eight consecutive years. The drivers who were appointed on a daily-wage basis later sought permanent status after completing more than five years of continuous service.
IMC had challenged the Industrial Tribunal’s decision, arguing that the drivers were appointed after May 16, 2007, without prior approval from the State Government and therefore were not eligible for regularisation under the State Government Circular dated October 7, 2016. The civic body relied on Clause 1.8 of the circular to deny benefits to the workers.
Rejecting this argument, the High Court had observed that the failure to obtain prior government approval was IMC’s fault and not of the workers. The Court held that employees cannot be placed in a disadvantageous position due to administrative lapses of the employer.
The Bench also took note of the fact that the drivers have been working continuously without breaks, many of them in a municipal workshop registered under the Factories Act, and had completed well over 240 days of service each year. The Court emphasised that IMC continues to require their services and had itself acknowledged their contribution to the city’s sanitation success.
“The dedicated services of these daily-rated drivers cannot be disregarded,” the HC had observed last year. The IMC had moved the apex court challenging the HC order, but the SC dismissed the petition.
