Bombay High Court
Mr. Hanmant Baswant Fulari And Ors vs Executive Director, Kesoram ... on 12 June, 2024
Author: M.M. Sathaye
Bench: Nitin Jamdar, M.M. Sathaye
LATA
SUNIL
PANJWANI 2024:BHC-AS:23643-DB
Digitally signed by
LATA SUNIL
PANJWANI
Date: 2024.06.18
13:42:58 +0530
1 46 wp 1011.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition No. 1011 of 2023
Mr. Hanmant Baswant Fulari & Ors. ... Petitioners.
V/s.
Executive Director & Ors. ... Respondents.
Mr. Balaji P. Shinde i/b. Kavita P. Shinde for the Petitioners.
Ms. Lata Desai, Advocate i/b. Divekar & Co. for Respondent No.5.
CORAM :NITIN JAMDAR, AND
M.M. SATHAYE, JJ.
DATE : 12 June 2024.
P.C. :
This Petition is filed by 10 registered mathadi workers through their union seeking a direction to Respondent Nos. 1 to 4 which are private parties for payment of Hamali (charges) under the Maharashtra Mathadi Act, 1969 ('the Act of 1969').
2. Under the Act of 1969, the Respondent No.5 - Mathadi Board is entrusted with the task of taking beneficial measures in respect of the mathadi workers. The Board is empowered to issue necessary directions to the registered employers and ensure that if there are wages and charges to be paid, the registered employers to pay the same to the mathadi workers.
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3. None appears for Respondent Nos. 1 to 4. Respondent No.5 in the reply has stated that the charges have been paid and some of the demands are not payable. However, since the subject matter lies within the purview and jurisdiction of the Respondent-Board, we direct the Respondent - Board to call a representative of Respondent Nos. 1 to 4 and the Petitioner, and if the charges not being paid to the Petitioner, to issue necessary directions after giving opportunity to both the parties. If the charges are already paid then the same be recorded. For that purpose Respondent - Board will pass the reasoned order. The exercise be carried out within a period of six weeks from today. The Respondent - Board will intimate the date and time of hearing to the Petitioners and the representative of the Respondent Nos. 1 to 4.
4. Writ Petition stands disposed of.
(M.M. SATHAYE, J.) (NITIN JAMDAR, J.)
L.S. Panjwani,P.S.
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