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Bombay High Court

Maharashtra Rajya Mathadi, Transport ... vs Grocery Market And Shpos Board (For ... on 27 June, 2024

Author: M. M. Sathaye

Bench: Nitin Jamdar, M. M. Sathaye

          Digitally signed
          by ANANT
ANANT   KRISHNA
        NAIK
KRISHNA Date:
NAIK    2024.07.02                                                                           41.WP.2875.2023.doc
          12:11:49
          +0530



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION

                                                WRIT PETITION NO. 2875 OF 2023

                     Maharashtra Rajya Mathadi, Transport And
                     General Kamgar Union and Anr.                                  ...Petitioners
                          Versus
                     Grocery Market And Shops Board (for Greater
                     Mumbai, Thane And Raigad Districts) and Ors.                   ...Respondents

                     Mr. Avinash Jalisatgi i/b. Ms Divya Wadekar, for Petitioners.
                     Mr. Rahul Oak for Respondent Nos. 1 & 2
                     Ms. Jyoti Chavan, Addl GP a/w. Ms Rita Joshi, AGP for the Respondent
                     No. 6


                                                            CORAM : NITIN JAMDAR &
                                                                    M. M. SATHAYE, JJ.

DATED : 27 JUNE 2024 P.C.:

1. Learned Counsel for the Petitioners have served the Respondents, however, none appears for the Respondent Nos. 3 to 5.
2. The main grievance of the Petitioner is regarding non-registration of the Respondent No. 3-Food Corporation of India. Learned Counsel for the Petitioners has relied on the decision of Food Corporation of India and Anr. Vs. Clearing and Forwarding Unprotected Dock Labour Board for Greater Mumbai and Ors.1 1 2006 (4) Mh.L.J akn 1/2 ::: Uploaded on - 02/07/2024 ::: Downloaded on - 15/07/2024 00:22:14 :::
41.WP.2875.2023.doc
3. He submits that the decision lays down that the work of loading and unloading done by the workers with the Respondent No. 3 is covered by the Schedule of the Act of 1969.
4. Under the Act of 1969 it is the Mathadi Board, who is entrusted with the task of registering the employer and take action against those who deliberately do not register themselves. Therefore, the Respondent-

Board, will have to look into the grievance of the Petitioners at the first instance.

5. Learned Counsel for the Respondent-Board seeks time. The Respondent-Board will inform the Court, within how much time the issue will be looked into and necessary action would be taken after giving opportunity to all concerned.

6. Stand over to 8 July 2024 under the caption "For Directions".

           (M. M. SATHAYE, J.)                      (NITIN JAMDAR, J.)




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