Bombay High Court
M/S. Pha India Private Ltd Thr. Its ... vs The Urban Development Department State ... on 27 March, 2026
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
Digitally 902 to 904.WP-16721-2025.odt
signed by
GAURI AMIT
GAURI GAEKWAD
AMIT Date:
GAEKWAD 2026.03.30 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
10:39:42
+0530 CIVIL APPELLATE JURISDICTION
(902) WRIT PETITION NO.16721 OF 2025
M/s. NVH India Auto Parts Pvt. Ltd. & Ors. ... Petitioners
versus
The Urban Development Department & Ors. ... Respondents
AND
(903) WRIT PETITION (ST.) NO.39229 OF 2025
M/s. PHA India Private Ltd. & Ors. ... Petitioners
versus
The Urban Development Department & Ors. ... Respondents
AND
(904) WRIT PETITION (ST.) NO.39230 OF 2025
M/s. Sungwoo Hightech Pune Pvt. Ltd.
Company & Ors. ... Petitioners
versus
The Urban Development Department & Ors. ... Respondents
----
Mr. Shreyas R. Zarkar i/b. Mr. Chetan R. Nagare for the Petitioners
in all Petitions.
Mr. Rohit Sakhadeo for Respondent No.2 - Pune Metropolitan
Regional Development Authority (PMRDA) in all Petitions.
Mr. P.P. Kakade, Addl.GP a/w. Ms. Priyanka Chavan, AGP for the
Respondent - State in WP No.16721 of 2025.
Mr. P.P. Kakade, Addl.GP a/w. Mrs. M.P. Thakur, AGP for the
Respondent - State in WP (St.) No.39229 of 2025.
Mr. P.P. Kakade, Addl.GP a/w. Ms. P.N. Diwan, AGP for the
Respondent - State in WP (St.) No.39230 of 2025.
----
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 27th MARCH, 2026
P.C. :-
1. In all these matters, pursuant to the directions issued Gauri Gaekwad 1 of 5 ::: Uploaded on - 30/03/2026 ::: Downloaded on - 03/04/2026 21:51:45 ::: 902 to 904.WP-16721-2025.odt vide judgment dated 19th December 2025, the proceedings are directed to be listed every month for stage-wise recording of compliance. Today, these disposed off cases are listed for recording stage-wise compliance.
2. The learned Advocate for the PMRDA has tendered a compilation of 5 pages, which includes certain documents. The same is taken on record and marked as 'Y-3' for identification.
3. The learned Advocate for the Petitioners has tendered a compilation of 11 pages, which includes certain colour copies of tentative plans. The said compilation is tendered as a part of compliance on the part of the Petitioners. The same is taken on record and marked as 'Y-4' for identification.
4. In our judgment dated 19th December, 2025, in the backdrop of noticing that these three Petitioner companies had commenced manufacturing operations without adherence to applicable labour laws, we had directed the Deputy Commissioner of Labour to carry out an inspection and tender a detailed report to this Court with regard to labour law compliances in matters of engagement of Class III and Class IV employees, as well as the Gauri Gaekwad 2 of 5 ::: Uploaded on - 30/03/2026 ::: Downloaded on - 03/04/2026 21:51:45 ::: 902 to 904.WP-16721-2025.odt managerial cadre. The learned Addl. GP informs us that the report has been directly tendered to the learned Registrar (Judicial-II) of this Court.
5. We have perused the report along with the covering letter dated 16th March, 2026 (28 pages). The same is taken on record and, for the purposes of examining labour law compliances in this case, is marked as 'Z-1' for identification.
6. A cursory glance at the report of the Deputy Commissioner of Labour, has shocked us. Several hundred employees are engaged in manufacturing activities, and several officers are also engaged. Insofar as the employees falling within the workmen category are concerned, we notice that there are more than 14 contractors through whom such employees are engaged in the manufacturing process. Security Guards are engaged without registration under the provisions of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. Several workers are engaged to perform the duties of Mathadi workers, without registration under the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969. Prima facie, the report indicates blatant violations of Gauri Gaekwad 3 of 5 ::: Uploaded on - 30/03/2026 ::: Downloaded on - 03/04/2026 21:51:45 ::: 902 to 904.WP-16721-2025.odt labour legislation on the part of the Petitioners.
7. For proper assistance on the labour issues in these matters, which have cropped up, and considering that this Court is exercising jurisdiction under Article 226 of the Constitution of India, as our judicial conscience is shocked, we have decided to take up this issue in the interest of the workers and to ensure that the Petitioners are compelled to comply with all applicable laws. We have, therefore, requested Mr. Arshad Shaikh, the learned Senior Advocate, who is a renowned labour law practitioner, to assist the Court on the labour issues in these matters. Mr. Shaikh has graciously agreed to assist the Court as Amicus Curiae.
8. We direct the Registry of this Court to supply copies of the Petition paper book along with the report of the Deputy Commissioner of Labour marked 'Z-1', to the learned Senior Advocate Mr. Shaikh, and copies of the said report marked 'Z-1' shall also be supplied by the Registry to the Petitioners, the learned Addl. GP and the learned Advocate for the PMRDA, within a period of four working days from today.
Gauri Gaekwad 4 of 5 ::: Uploaded on - 30/03/2026 ::: Downloaded on - 03/04/2026 21:51:45 ::: 902 to 904.WP-16721-2025.odt
9. We request Mr. Shaikh, the learned Amicus Curiae, to assist the Court by making suggestions to the Court, aimed at assisting even the Deputy Commissioner of Labour in ensuring appropriate steps wherever non-compliance with labour legislation is noticed. In order to enable Mr. Shaikh to have sufficient time to prepare his suggestions, we are listing these Petitions on 7th April, 2026 at 3.00 p.m.
10. For further compliance with the directions issued in our judgment dated 19th December, 2025 in relation to the PMRDA, these Petitions would thereafter be listed on a suitable date in the last week of April, 2026 at 3.00 p.m.
11. Needless to state, as recorded in our judgment dated 19th December, 2025, the Petitioners shall not resort to termination of contractors, employees, contractual employees, or any other employees engaged as Mathadis, Security Guards, or in any other capacity, without the leave of the Court.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
Gauri Gaekwad 5 of 5
::: Uploaded on - 30/03/2026 ::: Downloaded on - 03/04/2026 21:51:45 :::