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Bombay High Court

Parle Agro Pvt Ltd. vs Grocery Markets And Shops Board (For ... on 23 March, 2026

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                                        27-wp-15632-2025.doc


                      jsn
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                                    WRIT PETITION NO.15632 OF 2025
         Digitally
         signed by
         JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
         2026.03.24
         18:24:02
                             Parle Agro Private Ltd.                                  ...Petitioner
         +0530




                                     Versus

                             Grocery Markets & Shops Board and Ors.                   ...Respondents

                                                                 ----------
                             Mr. J.P. Cama, Senior Advocate, with Avinash Jalisatgi, T.R. Yadav,
                             Nagendra Dube and Mr. M. Vora for the Petitioner.
                             Mr. Laxman S. Deshmukh, for Respondent No.4.
                             Mr. Kedar Dighe, Addl. G.P. with Smt. G.R. Raghuwanshi, AGP for
                             Respondent No.5 - State.
                                                                 ----------

                                                                 CORAM : R.I. CHAGLA AND
                                                                         ADVAIT M. SETHNA, JJ.

                                                                 DATE         : 23RD MARCH, 2026
                             ORDER :

1. By this Writ Petition, the Petitioner is seeking a direction to the Respondent No.3 to constitute a full-fledged Tripartite Board in consonance with Section 6 of the Maharashtra Mathadi Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 ("the Act"). Further, a direction to the Respondent No.3 to withdraw, rescind, recall and/or set aside the said impugned Order 1/3 ::: Uploaded on - 24/03/2026 ::: Downloaded on - 24/03/2026 20:39:28 ::: 27-wp-15632-2025.doc dated 18th July, 2025.

2. Mr. J. P. Cama, the learned Senior Counsel appearing for the Petitioner states that in the Affidavit in Reply filed by the Respondent No.4, reference is made to the notification dated 11th November, 2025, (Exhibit R 3 to the Affidavit) whereby a full-fledged Tripartite Board has been constituted by the Respondent - State. He has accordingly sought for the matter to be heard afresh by the full- fledged Tripartite Board which has been constituted in accordance with amended Section 6 of the Act.

3. The learned Counsel appearing for the Respondent No.4 has submitted that the impugned Order dated 18th July, 2025 had been passed by a one member board which had been validly constituted under Section 6 of the Act, and the impugned order has been acted upon by the parties.

4. Having considered the submissions and particularly in view of the Notification dated 11th November, 2025 passed by the Respondent - State by which a full-fledged Tripartite Board has been constituted under amended Section 6 of the Act, we consider it 2/3 ::: Uploaded on - 24/03/2026 ::: Downloaded on - 24/03/2026 20:39:28 ::: 27-wp-15632-2025.doc appropriate that the matter be decided afresh by the full-fledged Tripartite Board.

5. In view of the impugned Order dated 18th July, 2025 having been acted upon by the Petitioner by making payments under protest, this arrangement shall continue till the disposal of the matter by the Tripartite Board. The Tripartite Board shall upon hearing the parties and without being influenced by the observations in the impugned Order pass the reasoned Order within a period of six weeks from today.

6. In view of the above, the impugned Order dated 18th July, 2025 is set aside. In so doing we make it clear that we have not expressed any opinion on the merits of the Writ Petition.

7. The Writ Petition is accordingly disposed of in the above terms. There shall be no order as to costs.

      [ ADVAIT M. SETHNA, J. ]                   [ R.I. CHAGLA J. ]




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