Berger Paints India Limited vs State Of Maharashtra on 17 March, 2026

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Bombay High Court

Berger Paints India Limited vs State Of Maharashtra on 17 March, 2026

Bench: R.I. Chagla

2026:BHC-AS:13369-DB



                                                                                            909-WP 12868.2025.doc



                            Kavita S.J.

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                                   WRIT PETITION NO.12868 OF 2025

                             Berger Paints India Limited                              ...Petitioner
                                      Versus

                             State of Maharashtra & Ors.,                             ...Respondents
                                                                ----------
                            Mr. Piyush Raheja a/w Mr. Akash Loya, Mr. Tushar Kadam, Mr. Tanish
                            Amin i/b MDP Associates for Petitioner.
                            Mr. P.P. Kakade, Addl. GP a/w Smt. P.N. Diwar, AGP for Respondent
                            No.1 - State.
                            Mr. B.S. Mahamulkar for Respondent Nos. 2 & 3 (thru V.C.).
                                                          ----------
                                                    CORAM : R.I. CHAGLA AND
                                                                  ADVAIT M. SETHNA, JJ.

                                                          DATED      : 17TH MARCH, 2026.
                            ORDER :

1. By this Writ Petition, the Petitioner is inter alia seeking direction to Respondent No.1 - State to decide Petitioners' Application dated 17th August, 2021 on applicability of the Mathadi Act expeditiously i.e. within one month. This is the only prayer which has been pressed by the Petitioner.

KAVITA SUSHIL JADHAV 2. By the said Application dated 17th August 2021, the Digitally signed by KAVITA SUSHIL JADHAV Date: 2026.03.18 17:27:39 +0530 Petitioner has sought exemption under Sections 5 and 22 of the 1/3 ::: Uploaded on - 18/03/2026 ::: Downloaded on - 18/03/2026 20:46:05 ::: 909-WP 12868.2025.doc Maharashtra Mathadi Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 ("the Act").

3. The learned Counsel appearing for the Respondent Nos.

2 and 3 - Mathadi Board has raised the contention that the exemption cannot be considered by the State Government under Sections 5 and 22 as it is not the Petitioners' case that the workers of the Petitioner are in enjoyment of benefits which are on the whole not less favourable then the benefits provided under the scheme of the Act.

4. By keeping all the contentions of the parties open, we direct Respondent No.1 - State to decide the Petitioner's Application dated 17th August 2021, within a period of eight weeks from today.

5. Till the decision is communicated by Respondent No.1 -

State to the Petitioner, no coercive steps shall be taken by Respondent No.2 - Mhatadi Board.

6. The Writ Petition is accordingly disposed of in the above terms.

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909-WP 12868.2025.doc

7. There shall be no orders as to costs.

8. It is made clear that we have not considered the merits of the case.

[ADVAIT M. SETHNA, J.] [R.I. CHAGLA, J.] 3/3 ::: Uploaded on - 18/03/2026 ::: Downloaded on - 18/03/2026 20:46:05 :::

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