Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to regularize 580 temporary sanitation workers. ustice Milind Jadhav, addressed the petition filed by the BMC Commissioner, which challenged an earlier order by the Industrial Tribunal. The Tribunal’s directive had mandated the regularization of these workers, recognizing their long-standing contribution to the city’s sanitation and waste management.
Mumbai, Maharashtra – The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to regularize 580 temporary sanitation workers, marking a significant step towards justice for the marginalized workforce responsible for the city’s cleanliness.
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The bench, led by Justice Milind Jadhav, addressed the petition filed by the BMC Commissioner, which challenged an earlier order by the Industrial Tribunal. The Tribunal’s directive had mandated the regularization of these workers, recognizing their long-standing contribution to the city’s sanitation and waste management.
The court’s decision was rooted in the principle that
“in a welfare state, cleanliness for one class of citizens cannot be achieved by engaging in ‘slavery’ of the others.”
This statement not only highlights the court’s commitment to social justice but also emphasizes the fundamental rights of workers to basic human dignity.
Justice Jadhav’s bench dismissed the BMC’s argument regarding the lack of vacant posts as a basis to deny permanent employment to the workers. The court clarified,
“If no vacant posts are available, merely under that reason the corporation cannot continue to exploit these workers. It would amount to revisiting slavery in today’s modern and advanced times.”
The plight of these workers, as represented by the Chembur-based employees union ‘Kachara Vahatuk Shramik Sangh,’ paints a grim picture of exploitation and neglect. Many of these individuals, belonging to marginalized sections of society, have been serving the city since 1996 without access to basic amenities such as medical and health insurance. Their working and living conditions were described by the court as “pitiable” and “below human dignity.”
The High Court noted the stark contrast between the treatment of permanent workers and the 580 temporary workers, who have been foundational to the city’s functioning yet denied the stability and respect afforded to their permanent counterparts. The bench highlighted the severe risks these workers face daily, including injuries and illnesses from handling hazardous waste, with little to no medical support.
Justice Jadhav’s ruling emphasized that the fundamental right of Mumbai’s residents to a clean environment is intrinsically linked to the rights of the workers who maintain that cleanliness. The judgment stated,
“This fundamental right and the mandatory duty cannot be achieved by subjugating the fundamental rights of the workers to basic human dignity.”
By upholding the Industrial Tribunal’s order and dismissing the BMC Commissioner’s petition, the Bombay High Court has set a precedent that reinforces the values of a welfare state and the indispensable role of sanitation workers in urban life. The court’s decision mandates the BMC to extend all benefits of permanent employment to the 580 workers, acknowledging their indispensable contribution to the city and rectifying years of injustice.
This ruling is not just a victory for the sanitation workers of Mumbai but a beacon of hope for labor rights and human dignity across the nation. It serves as a reminder that the cleanliness and functionality of a city rest on the shoulders of its workers, whose rights and welfare must be protected at all costs.
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