Bombay High Court
Shree Sai Baba Sansthan Trust Shirdi ... vs The State Of Maharashtra And Others on 16 September, 2025
Author: Manish Pitale
Bench: Manish Pitale
2025:BHC-AUG:24981-DB
1140(D)-CA-9457-2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9457 OF 2025
IN PIL/98/2021
SHREE SAI BABA SANSTHAN TRUST SHIRDI THROUGH ITS
CHIEF EXECUTIVE OFFICER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
....
Mr. A. S. Bajaj, Advocate for the Applicant
Mr. S. K. Tambe, Addl. G.P. for the State
Mr. Ajinkya Kale, Advocate i/b Talekar & Associates for the
Petitioner in PIL
Mr. R. R. Karpe, Advocate for Respondent No.10, Mr. A. V. Hon,
Advocate for Respondent No.14, Mr. Rahul Tambe, Advocate for
Respondent Nos. 4,6 to 9 and 13, Mr. A. C. Darandale, Advocate
for Respondent No.12, Mr. N. L. Jadhav, Advocate for Respondent
No.11, Mr. Shaikh A. Jahagirdar, Advocate for Respondent No.5,
Mr. S. N. Gaikwad, Advocate for Respondent No.3 in PIL
....
CORAM : MANISH PITALE AND
Y. G. KHOBRAGADE, JJ.
DATE : 16.09.2025 PER COURT :-
1. By this application, the applicant Shree Sai Baba Sansthan, Shirdi, has prayed for the following relief:-
"(B) The Applicant may kindly be permitted to implement the Resolution No.246 dtd. 08.05.2025 passed by Ad-hoc 1 of 3 (( 2 )) 1140(D)-CA-9457-2025 Committee for issuing E-Tender for of New Labour Contractor for supply of Unskilled and Skilled Contract Workers for the year 2025-26 for which an estimated cost of Rs.58,47,74,300/-
is required to be spent."
2. In support of the prayer made in the application, the learned counsel for the applicant invited attention of this Court to the proposal placed on record as also resolution No.246 dated 08.05.2025, passed by the Ad-hoc Committee of the Sansthan.
3. On an earlier occasion, when a similar relief was sought in a civil application by the applicant, on 15.03.2024, this court allowed the application making the following observations:-
"3. We are dealing with several Civil Applications filed by several daily wagers and contractual employees. In relation to the said Applications, we have passed extensive orders on 11/08/2023, 27/10/2023 and 09/11/2023. We have recommended to the Government to explore a possibility of introducing a one time scheme for granting regularization of that number of workforce, which the Sansthan requires on regular basis all around year, on the basis of the law laid down by the Hon'ble Supreme Court in Secretary, State of Karnataka and others Vs. Uma Devi (3) and others, (2006) 4 Supreme Court Cases 1, and State of Karnataka and others Vs. M. L. Kesari, 2010 (9) SCC 247.
4. We are apprised by the learned Advocate Shri. Bajaj appearing for the Sansthan that, pursuant to the direction of this Court in paragraph No.10 of the order dated 27/10/2023 in Civil Application No.8707/2023, though a new Contractor is 2 of 3 (( 3 )) 1140(D)-CA-9457-2025 engaged in view of the mandate of inviting E-tenders, the contractual workers, who are working in the Sansthan, notwithstanding the change of the contractors over the years, have been adopted and continued. The same practice would be followed."
4. Even today, the learned counsel for the applicant, on instructions, makes a statement that the practice indicates in the above quoted paragraph 4 of the order dated 15.03.2024, would be followed.
5. In view of the above, the civil application is allowed in terms of prayer clause (B), quoted herein above.
6. Needless to say, this arrangement would be subject to demand for regularisation by the temporarily engaged workers, daily wagers and contractual employees before us. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS 3 of 3