Bombay High Court
Maharashtra Rajya Mathadi Transport ... vs The State Of Maharashtra Thr. Labour And ... on 22 July, 2024
Author: M. M. Sathaye
Bench: Nitin Jamdar, M. M. Sathaye
TRUPTI
SADANAND
BAMNE 2024:BHC-AS:29063-DB
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2024.07.24
16:54:06 +0530
Trupti
37-wp-13311-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13311 OF 2022
Maharashtra Rajya Mathadi Transport
and General Kamgar Union, Main
Office, Mathadi Bhavan and Another ... Petitioners
versus
The State of Maharashtra and Others ... Respondents
......
Mr.T.R.Yadav with Ms.Divya Wadekar i/b.Mr.Vaibhav Jagdale for the
Petitioners.
Mr.S.B.Kalel, AGP for the Respondent -State.
Ms.Pavitra Manesh i/b. Mr.M.S.Topkar for Respondent Nos. 2 to 4.
Ms.Pooja Pall i/b. Mr.Sachin Gite for Respondent No.5.
Mr.Aumkar Joshi for Respondent No.6.
.......
CORAM : NITIN JAMDAR &
M. M. SATHAYE, JJ.
DATED : 22 JULY 2024 P.C.:
Heard the learned Counsel for the parties.
2. The relief as sought for by the Petitioners is that the Mathadi Board should provide mathadi work to the workers named in Exhibit-A of this petition on the establishment of Respondent No.5 or any other establishment.
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3. Respondent Nos. 2 to 4, the Mathadi Board, is an authority established under the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare Act), 1969 (the Act of 1969). One of its function is to regulate and provide mathadi work to the workers.
4. The Petitioners have sought a direction that the workers should be given mathadi work on the establishment of Respondent No.5. If it is not possible due to factual and legal impediment, then on any other establishment. This is the function of the Respondent- Mathadi Board. In light thereof, we direct Respondent Nos. 2 to 4 to examine the case of the Petitioners as to whether the workers named in Exhibit -A of this petition can be given mathadi work and if they are found entitled, depending on the availability of work, then necessary action be taken within a period of four weeks from today.
5. In case of some reason, the workers cannot be allotted on the establishment of Respondent No.5, then Respondent Nos. 2 to 4 will make efforts to allot the mathadi work to the workers on any other registered establishment within their jurisdiction.
6. In case, Respondent Nos. 2 to 4 decide to allot the Petitioners' workers to Respondent No.5, we keep all contentions of Respondent No.5 open and before proceeding to do so, Respondent Nos. 2 to 4 will 2/3 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 24/07/2024 22:48:30 ::: Trupti 37-wp-13311-2022.doc give an opportunity of hearing to Respondent No.5.
7. The writ petition is accordingly disposed of in above terms.
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