Bombay High Court
Pune Majdoor Sanghatana vs Modern Road Makers Pvt. Ltd. ( A ... on 4 August, 2025
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
28.WP.9876.24.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9876 OF 2024
Pune Majdoor Sanghatana .. Petitioner
Versus
Modern Road Makers Pvt. Ltd.
(A Subsidiary of IRB Infrastructure Developers
Ltd.) and Ors. .. Respondents
....................
Mr. A.S. Rao, Advocate for Petitioner.
Ms. Suvarna Joshi a/w. Mr. Rishir Daulat, Ms. Nishitha
Maheshwari, Ms. Ketki Pansare, Advocates i/by TRD Associates for
Respondents.
....................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 04, 2025.
P.C.:
1. Heard Mr. Rao, learned Advocate for Petitioner and Ms. Joshi, learned Advocate for Respondents.
2. Mr. Rao has drawn my attention to the judgment dated 04.12.2023 appended at Exhibit 'F' - page No.508 of the Petition. Prima facie the dispute in the present case, inter alia, pertains to applicability of Section 25-O of the Industrial Disputes Act, 1947 to the operations of the Respondent No.5 before me. Admittedly it is a road construction company.
3. Though it is an admitted position that members of Petitioner before me worked for Respondent No.5 over a substantial period of 1 of 2 ::: Uploaded on - 05/08/2025 ::: Downloaded on - 05/08/2025 21:18:01 :::
28.WP.9876.24.doc time as is evident from their joining dates, the question before me is the substantive entitlement sought by Petitioner against retrenchment when the work was over in other establishments of Respondent No.5. The findings returned in paragraph Nos.20 to 22 read with the findings in paragraph No.33 of the judgment prima facie defeats the case of the Petitioner. However, Mr. Rao would disagree and would persuade me to consider that in the event if the Respondent - employer decides to close down the undertaking, then the larger question to be considered is whether there is availability of work in his other establishment which has been taken into consideration by the Courts. Mr. Rao is directed to circulate the citations in support of his submission and serve it on the other side before the next adjourned date.
4. Parties are directed to give their written submissions and list of dates and events and exchange it with the other side in advance.
5. Stand over to 11th August 2025.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed by
AJAY AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2025.08.05
09:25:11 +0530
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