Bombay High Court
Dipak Locharam Uttarradhi vs Chief Municipal Officer, Municipal ... on 7 September, 2021
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
0709wp3388 of 2021.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.3388/2021
Shri Dipak Locharam Uttarradhi
...Versus...
Chief Municipal Officer, Municipal Council, Tah. Armori, Dist. Gadchiroli and
others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Ms Bhagyashree Reddy, Advocate for petitioner
CORAM : AVINASH G. GHAROTE, J.
DATE : 07/09/2021
1. Heard Ms Reddy, learned Counsel for the petitioner. She submits that the impugned order could not have been passed by the respondent no.1, in view of the mandate of Section 28 (2) of the Contract Labour (Regulation and Abolition) Act, 1970, as it is an admitted position that the petitioner is a labour contractor. She also places reliance upon the decision of the learned Division Bench of the Andhra Pradesh High Court in M. Ganesh Vs. South Central Railway, Secunderabad and others, 2003 (96) FLR 897.
2. Considering that in the instant matter, the impugned order, as per the instructions of the concerned ::: Uploaded on - 07/09/2021 ::: Downloaded on - 09/09/2021 02:33:31 ::: 0709wp3388 of 2021.odt 2 Hon'ble Minister, directs the contractor to prepare a seniority list and reinstate the contract labourers, within eight days, issue notice to the respondents returnable in two weeks.
3. Learned Assistant Government Pleader Shri S.D. Sirpurkar waives service of notice for the respondent nos.2 to 5.
4. In the meantime, there shall be stay to the impugned order, till the returnable date.
5. Steno copy of this order is granted.
(AVINASH G. GHAROTE, J.) Wadkar ::: Uploaded on - 07/09/2021 ::: Downloaded on - 09/09/2021 02:33:31 :::