Bombay High Court
Vidharbha Mathadi Kamgar Sangh, Thr. ... vs The Nagpur-Wardha Mathadi And ... on 15 September, 2022
Author: G.A. Sanap
Bench: S.B. Shukre, G. A. Sanap
1509wp5643.22 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.5643 OF 2022
(Vidarbha Mathadi Kamgar Sangh vs. The Nagpur-Wardha Mathadi and
Unprotected Workers' Board and others)
________________________________________________________________________
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Shri B.L. Borikar, Advocate for petitioner.
Shri A.M. Deshpande, In-charge Government Pleader
for respondent no.2.
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CORAM : SUNIL B. SHUKRE AND
G.A. SANAP, JJ.
DATED : SEPTEMBER 15, 2022 CIVIL APPLICATION NO.2014 OF 2022 Heard Shri Borikar, learned Counsel for the applicant/petitioner.
2) For the reasons stated in the application, the application is allowed. Amendment be carried out forthwith.
WRIT PETITION NO.5643 OF 2022 Heard Shri Borikar, learned Counsel for the petitioner.
2) The petitioner is a Trade Union, members 1509wp5643.22 2/4 of which are engaged in performing labour work and they are broadly termed as "Mathadi workers". As Mathadi workers, it is their job to provide service of loading and unloading of heavy goods, which are transported by the Railways and brought to certain Railway ports so that heavy goods could be unloaded and loaded onto the vehicles belonging to purchaser Company. Such work is being carried on by the members of the petitioner Trade Union, which is a registered Trade Union for last several years.
3) Shri Borikar, learned Counsel for the petitioner, submits that new resolution passed by the Chairman/sole member of the Mathadi Board is factually erroneous and, therefore, illegal for the reason that it does not take into consideration the Mathadi work performed by the members of the petitioner Union, called as "Tata Group"
continuously during the period from 1991 to 2001. He further submits that because of such continuous performance of work by the members of the petitioner Union, the petitioner Union has become entitled to Mathadi work to the extent of 50% of the total work in relation to loading and unloading operations of heavy goods being brought to JSW Kalmeshwar Rail-siding from Bhushan Power and Steel Ltd.
4) On going through the impugned 1509wp5643.22 3/4 resolution dated 17/3/2022, we do not find prima facie any factual error as whatever work to be performed by the members of the petitioner Union was carried out about 20 years prior to passing of the impugned resolution and during the last 20 years, it was the other Trade Union, known as "SAIL Group" whose members have been continuously performing the loading and unloading operations. It is also the practice of Mathadi Workers' Board to allot such work on hundred per cent basis only to that Trade Union, which by tradition has been performing such work continuously for a reasonably long period of time. The resolution dated 4/10/2021, which has been reproduced in the impugned resolution dated 17/3/2022 notes the fact that it is the Trade Union known as 'SAIL Group", which has been continuously performing the loading and unloading operations of heavy goods sent by Bhushan Power and Steel Ltd. and which are purchased on regular basis by Sanvijay Rolling and Engineering Ltd. for the last 20 years or so. This resolution dated 4/10/2021, which categorically mentions the facts of the case, has attained finality and has not been questioned in any manner by the present petitioner.
5) In view of the above, it is not possible for this Court to grant any interim relief to the petitioner Trade Union at least at this stage and prayer made 1509wp5643.22 4/4 for the same is rejected. However, in the interest of justice, this Court would issue notice in the matter.
6) Issue notice for final disposal at the admission stage to the respondents.
7) Shri Deshpande, learned In-charge Government Pleader waives notice for the respondent no.2.
8) Stand over to four weeks.
JUDGE JUDGE
khj
Digitally Signed By:KAMAL HUNDRAJ JESWANI Signing Date:16.09.2022 11:30