The daily wage contract workers of the solid waste management department moved court last year seeking abolition of the solid waste department of the corporation. They sought regularisation of their jobs, stating that "whoever be the work contractor, the BMC remains the principal employer".

While the petition is still pending in the High Court, the three-year contract with the present set of workers expires by the end of April 1998. Therefore, the workers, assembled under the Kachara Vahatuk Shramik Sangh, had filed a notice of motion praying for status quo. The court has upheld their plea.

As per the interim order given by the division bench of Justice S N Variava and A Y Sakhare, the corporation is free to invite fresh tenders for the commencement of newcontracts. However, the tenders will include a pre-condition that the new contractor (if at all an old one is replaced) will retain the old workers. The order further said that the workmen's rights will not be adversely affected in the new contract.

The court has further clarified that if the old contractor voluntarily relinquishes the contract or even if the new contractor is not available, the municipal corporation will continue with the workforce. The BMC will get work done department-wise only through the old contract workers, the interim order underlined.

The court has also ordered the corporation to provide proper amenities. "Looking at the nature of the work, the workers should be provided good quality raincoat with cap, gumboots and handgloves failing which the corporation will be held responsible."

General Secretary of the Kachara Vahatuk Shramik Sangh Milind Ranade said the High Court has upheld two of their major demands. "For a long time, we had asked the corporation to provide theseamenities. It is very difficult for the workers to clear the garbage without the protective gear. We are thankful to the court for this direction," he added.