Bombay High Court
Mr. Dashrath Yashwant Jadhav And Ors vs State Of Maharashtra Through Dept. Of ... on 6 March, 2024
10-PIL.36.2019
Jvs.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 36 OF 2019
Mr. Dashrath Yashwant Jadhav & Ors. } Petitioners
versus
State of Maharashtra & Ors. } Respondents
Mr. Akshay Patil i/b. Mr. Mayur Thorat for
the petitioners.
Mr. P. P. Kakade, Government Pleader with
Mr. O. A. Chandurkar, Additional
Government Pleader and Ms. N. M. Mehra,
AGP for respondents 1 to 3 (State).
Mr. Kiran Bapat, Senior Advocate i/b. Mr.
Suhas Inamdar, Mr. Gaurav S. Gawande
for Intervener.
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
ARIF S. DOCTOR, J.
DATE: 6th MARCH 2024
P.C.:
1. This Court, while allowing Civil Application No. 44 of 2019 on 3rd April 2023 also provided that the necessary amendment shall be carried out within a week; however, in terms of the said order, amendments have not been carried out by the learned counsel for the petitioners, who now undertakes to incorporate the necessary amendments within a week and furnish an amended copy of the PIL petition to the respondents.
2. The issue raised in this PIL petition is in relation to revision of minimum wages as per the mandate of section 3(1)(b) of the 1 ::: Uploaded on - 06/03/2024 ::: Downloaded on - 07/03/2024 11:30:28 ::: 10-PIL.36.2019 Minimum Wages Act, 1948. Earlier, Public Interest Litigation No.240 of 2014 was filed before this Court which was disposed of by means of the order dated 2 nd February 2015 observing therein that the State Government is bound by the statutory directions contained in section 3(1)(b) of the said Act for review of minimum wages payable to the workers at least once in five years. The direction issued by the Court by means of the said order dated 2nd February 2015 is that the State Government shall undertake such review so as to make next revision to be effective before December 2019. We have, however, been informed that no such exercise has been undertaken by the State Government.
3. In these circumstances, we call upon the State Government to file affidavit in reply within 10 days. A week's time thereafter shall be available to the learned counsel for the petitioners to file rejoinder affidavit, if any.
4. The affidavit in reply to be filed by the State authorities shall not only contain the para-wise reply to the averments made in the PIL petition, but shall also state as to why the judgment and order dated 2nd February 2015 passed by this court in Public Interest Litigation No. 240 of 2014 has yet not been complied with.
5. We make it clear that no further time shall be made available to the State authorities to file affidavit in reply.
6. Stand over to 27th March 2024. To be listed along with Writ Petition Nos. 4582/2015, 4583/2015, 5110/2015 and 5111/2015.
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7. The learned Additional Government Pleader is requested to communicate this order to the appropriate authority in the State Government forthwith.
JAYANT VISHWANATH SALUNKE Digitally signed by (ARIF S. DOCTOR, J.) (CHIEF JUSTICE) JAYANT VISHWANATH SALUNKE Date: 2024.03.06 17:10:09 +0530 3 ::: Uploaded on - 06/03/2024 ::: Downloaded on - 07/03/2024 11:30:28 :::