Bombay High Court
Shree Jagdamba Logistic And Transport ... vs The Secretary, Satara Mathadi And ... on 1 July, 2024
Author: M. M. Sathaye
Bench: Nitin Jamdar, M. M. Sathaye
2024:BHC-AS:25953-DB
Digitally
signed by
ANANT
ANANT KRISHNA
KRISHNA NAIK
NAIK Date:
2024.07.03
16:35:06
+0530
25.WP7442.2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7442 OF 2015
Shree Jagdamba Logistic And Transport
Through Mr. Amol Kate ...Petitioner
Versus
The Secretary, Satara Mathadi And Aasaurkshit
Kamgar Mandal, Satara And Anr ...Respondents
Mr. Vivek V. Salunke for the Petitioner.
Mr. Shailesh S. Pathak for the Respondent No. 1
Ms R. A. Salunke, AGP for the Respondent No. 2
CORAM : NITIN JAMDAR &
M. M. SATHAYE, JJ.
DATED : 1 JULY 2024 P.C.:
1. The Petitioner had sought to register itself under the provisions of Maharashtra Mathadi, Hamal And Other Manual Workers (Regulation Of Employment And Welfare) Act, 1969 (for short "the Act of 1969").
This prayer is being rejected by the Respondent No. 1-Mathadi Board constituted under the Act of 1969, on the ground that Petitioner cannot be registered because the Petitioner does not fall within the definition of the 'employer' under section 2(3) of the Act of 1969.
2. The Petition has remained pending for almost 9 years. There is no akn 1/2 ::: Uploaded on - 03/07/2024 ::: Downloaded on - 04/07/2024 01:09:37 :::
25.WP7442.2015.doc interim order. The reason why the Petitioner has sought registration must have undergone a change in these last 9 years. Factual position also must have undergone a change.
3. In light thereof, there is no purpose served in deciding the Petition based on the factual position that existed almost a decade ago, which will require factual adjudication as of today.
4. Therefore, we dispose of the Petition, leaving it open for the Petitioner to apply a fresh in case the Petitioner's cause for registration still survives, and if such application is made, the Respondent-Board will consider the same on its own merits.
5. Since we have disposed of the Writ Petition in above circumstances, we have not concluded any issue on merits.
6. The Writ Petition is disposed of.
(M. M. SATHAYE, J.) (NITIN JAMDAR, J.) akn 2/2 ::: Uploaded on - 03/07/2024 ::: Downloaded on - 04/07/2024 01:09:37 :::