Bombay High Court
Ranjeet Baisakhu Lodhi And Others vs State Of Maha., Ministry Of Industries, ... on 9 January, 2019
Bench: R. K. Deshpande, Vinay Joshi
1 WP4464.17 + ors.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 4464 OF 2017
Rashtriya Mathadi Shramik Sangh,
Regd. No. NGP/3893,
Having its office at Shanti Nagar,
Nagpur-440 002, through its President
Shri Bajrangsingh Dharamrajsingh Parihar,
aged about 53 years ...... PETITIONER
...VERSUS...
1. The State of Maharashtra
Ministry of Industries, Energy and
Labour Department, Manatralaya,
Mumbai through its Chief Secretary
2. The Chairman,
Nagpur and Wardha District Mathadi Board,
Office of Additional Commissioner of
Labour, Bhonsala Chambers,
Civil Lines, Nagpur...
3. The Secretary,
Nagpur and Wardha District Mathadi Board,
Office of Additional Commissioner of
Labour, Lotus Plaza, Plot No.1,
First Floor, Behind VCA Stadium,
Civil Lines, Nagpur.
4. Gajraj Shriram Lodhi,
(Kshayap), Mukadam, Gajraj Lodhi,
(Kshyap), Kamgar Toli (Old name
Surendra Choudhari Toli), O/o
Juna Bagadganj, Kumbhar Toli,
Near Dhole Floor Mill, Gangabai
Ghat to Vaishnavdevi Chowk,
Nagpur .. RESPONDENTS
AND
::: Uploaded on - 10/01/2019 ::: Downloaded on - 11/01/2019 04:00:45 :::
2 WP4464.17 + ors.odt
WRIT PETITION NO. 4465 OF 2017
Rashtriya Mathadi Shramik Sangh,
Regd. No. NGP/3893,
Having its office at Shanti Nagar,
Nagpur-440 002, through its President
Shri Bajrangsingh Dharamrajsingh Parihar,
aged about 53 years ...... PETITIONER
...VERSUS...
1. The State of Maharashtra
Ministry of Industries, Energy and
Labour Department, Manatralaya,
Mumbai through its Chief Secretary
2. The Chairman,
Nagpur and Wardha District Mathadi Board,
Office of Additional Commissioner of
Labour, Bhonsala Chambers,
Civil Lines, Nagpur...
3. The Secretary,
Nagpur and Wardha District Mathadi Board,
Office of Additional Commissioner of
Labour, Lotus Plaza, Plot No.1,
First Floor, Behind VCA Stadium,
Civil Lines, Nagpur. .. RESPONDENTS
AND
WRIT PETITION NO. 1185 OF 2017
1. Rashtriya Railway Maal Godam and
Warehouse Loading Unloading Kamgar
Sangh, Regd. No. 5106 NGP, O/o. 50,
Small Factory Area, Mathadi Bhawan,
Bagadganj, Nagpur, through its
General Secretary, Shri Ramanand
Faujdar Yadav
2. Vinod Verma Kamgar Toli, through
Shri Vinod Baidhyanath Verma,
::: Uploaded on - 10/01/2019 ::: Downloaded on - 11/01/2019 04:00:45 :::
3 WP4464.17 + ors.odt
Mukadam, R/o. 71, Sant Kabir Nagar,
Nari Layout, Nagpur.
3. Rajkumar Dhankar Kamgar Toli,
through Shri Rajkumar Channu Dhankar,
R/o. 185, Kalmana Market, Dharma
Nagar, Nagpur. ...... PETITIONERS
...VERSUS...
1. The State of Maharashtra
Industries, Energy and
Labour Department, Manatralaya,
Mumbai through its Secretary
2. Nagpur and Wardha District Mathadi
and Unperotected Labour Board,
O/o Lotus Plaza, 1st Floor,
Behind VCA Stadium, Civil Lines, Nagpur
through its Chairman.
3. The Chairman,
Maharashtra State Mathadi Advisory Board,
Government of Maharashtra, Mantralya,
Mumbai-32.
4. Gajraj Shriram Lodhi,
(Kshayap), Mukadam, Gajraj Lodhi,
(Kshyap), Kamgar Toli (Old name
Surendra Choudhari Toli), O/o
Juna Bagadganj, Kumbhar Toli,
Near Dhole Flour Mill, Gangabai
Ghat to Vaishnavdevi Chowk,
Nagpur .. RESPONDENTS
AND
WRIT PETITION NO. 1186 OF 2017
Rashtriya Mathadi Shramik Sangh,
Regd. No. NGP/3893,
Having its office at Shanti Nagar,
Nagpur-440 002, through its President
::: Uploaded on - 10/01/2019 ::: Downloaded on - 11/01/2019 04:00:45 :::
4 WP4464.17 + ors.odt
Shri Bajrangsingh Dharamrajsingh Parihar,
aged about 53 years ...... PETITIONER
...VERSUS...
1. The State of Maharashtra
Ministry of Industries, Energy and
Labour Department, Manatralaya,
Mumbai through its Chief Secretary
2. The Chairman,
Nagpur and Wardha District Mathadi Board,
Office of Additional Commissioner of
Labour, Bhonsala Chambers,
Civil Lines, Nagpur...
3. The Secretary,
Nagpur and Wardha District Mathadi Board,
Office of Additional Commissioner of
Labour, Lotus Plaza, Plot No.1,
First Floor, Behind VCA Stadium,
Civil Lines, Nagpur. .. RESPONDENTS
AND
WRIT PETITION NO. 7397 OF 2017
1. Ranjeet Baisakhu Lodhi,
Mukadam,
Aged about 34 years,
2. Hemant Ramkhilavan Sahu,
aged about 45 years,
3. Milapram Bisahuram Sahu,
aged about 44 years,
4. Lilambar Bahal Lodhi,
aged about 38 years,
5. Santosh Tejram Sahu,
aged about 39 years,
::: Uploaded on - 10/01/2019 ::: Downloaded on - 11/01/2019 04:00:45 :::
5 WP4464.17 + ors.odt
6. Dashrath Indal Nishad,
Aged about 30 years,
7. Suresh Badku Sahu,
aged about 36 years,
8. Jamil Khalil Ahamad,
aged about 29 years,
9. Vijay Hiralal Rajjak,
aged about 35 years,
10. Khumesh Jeturam Adilkar,
aged about 24 years,
11. Sheikh Yunush Shaikh Yakub,
aged about 38 years,
12. Durvas Santosh Varma,
aged about 24 years.
Petitioner No.1 is working as Mukadam.
Petitioner Nos. 2 to 12 : Working as
Mathadi Workers. All R/o. C/o.
Ranjeet Baisakhu Lodhi, Mini Mata
Nagar, Near Shitla Mata Mandir,
Plot No. 1101, Kalumna Road,
Nagpur ...... PETITIONERS
...VERSUS...
1. The State of Maharashtra
Ministry of Industries, Energy and
Labour Department, Manatralaya,
Mumbai
2. The Chairman,
Nagpur and Wardha District Mathadi Board,
Office of Additional Commissioner of
Labour, Bhonsala Chambers,
Civil Lines, Nagpur...
::: Uploaded on - 10/01/2019 ::: Downloaded on - 11/01/2019 04:00:45 :::
6 WP4464.17 + ors.odt
3. The Secretary,
Nagpur and Wardha District Mathadi Board,
Office of Additional Commissioner of
Labour, Bhonsala Chambers,
Civil Lines, Nagpur
4. Mr. Gajraj Kashyap,
House No. 228/350/3, Juna Bagadganj,
Kumbhar Toli, Panchashil Buddha
Vihar Ke Pass, Bhandara Road,
Nagpur .. RESPONDENTS
-------------------------------------------------------------------------------------------
Shri V.P.Marpakwar, counsel for Petitioners in WP Nos.4464/2017,
4465/2017 and 1186/2017, Shri S.D.Shukla, Advocate for petitioner in
W.P. No. 1185/2017 and Shri S.S.Ghate, Advocate for petitioners in
W.P.No. 7397 of 2017.
Shri A. Madiwale, AGP for Respondent-State
Shri M.R.Pillai counsel for Respondent Mathadi Board
Shri Nikhil Gaikwad, Advocate for Intervenor
-------------------------------------------------------------------------------------------
CORAM: R. K. DESHPANDE, AND
VINAY JOSHI, JJ.
DATE : 9th JANUARY, 2019 .
ORAL JUDGMENT (P.C.)
1] Rule made returnable forthwith.
Heard finally by consent of the learned counsels appearing for the parties.
2] In terms of the minutes of meeting which are placed on record as Annexure-VII in Writ Petition No.4464 of 2017, the question of allotment of work of loading and unloading of steel to other unions including Gajraj Kashyap Toli was required to be decided by granting hearing to all the ::: Uploaded on - 10/01/2019 ::: Downloaded on - 11/01/2019 04:00:45 ::: 7 WP4464.17 + ors.odt parties concerned. Undisputedly, this has not been done, but the orders dated 10.02.2017, 15.05.2017 and 23.06.2017 were passed.
2] In view of this, all these petitions can be disposed of with a direction to decide the question afresh after hearing the parties concerned. 3] In the result, the orders dated 23.06.2017, 15.05.2017 and 10.02.2017 passed by the Nagpur and Wardha District Mathadi Board are hereby quashed and set aside. The Board is directed to hear the concerned parties in accordance with the minutes of the meeting referred to above and pass an appropriate order.
4] The exercise be completed within a period of four weeks from the date of first appearance of the parties before the Board. The parties agree to appear before the Board on 14.01.2019.
All the petitions stand disposed of.
JUDGE JUDGE
Rvjalit
::: Uploaded on - 10/01/2019 ::: Downloaded on - 11/01/2019 04:00:45 :::