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DATE : 19 JUNE 2024 P.C. :-

Heard the learned Counsel for the parties. Taken up for disposal.

2. The controversy raised in the group of Petitions is filed by the employers arises under the provisions of the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act 1969. The common contention of JPP 3 18. WP 3686.12.doc the Petitioner - employer is regarding the applicability of the Act of 1969 to their establishment.

4. There is no representation on behalf of the Mathadi workers. The learned Counsel appearing for the Mathadi Board has placed before us the order passed in Writ Petition No. 10096 of 2012 and Ors. dated 2 August 2016 to contend that an identical order passed by the State Government was the subject matter of challenge in this Petition, which challenge has been negatived.

5. Be that as it may, the proceedings which led to these Petitions were initiated some time in the year 2008-09. The impugned order is passed more than a decade ago. As pointed out by the learned Counsel for the parties, substantial changes on site as regard the factual position is concerned have taken place. None of these have been brought on record. It is not possible to proceed on JPP 4 18. WP 3686.12.doc the basis of factual position in the year 2008-09 and decide the Petitions on that basis in 2024. We are informed that in some cases the employers have registered themselves. In some cases the Mathadi workers are working.

6. In light of these developments by passage of time, according to us, the appropriate course of action would be that the Mathadi Board, which is a statutory authority constituted under the Act of 1969 to regulate the employment and the conditions of Mathadi workers and obligations of the employers, should take a review of this situation as exist today and to take appropriate steps/directions. The Mathadi Board should call the representative of the employer and the union to ascertain the factual position and pass necessary orders.

7. Accordingly, the Petitions are disposed of by the following order :-

(i) The Respondent - Mathadi Board in each of these Petitions will, within a period of four weeks from today, issue notices to each of the employers, toli/union of Mathadi workers, the contractors (where applicable), calling upon them to submit their written say.

Thereafter, the Mathadi Board to carry out the field visit, (wherever applicable) and after considering the entire JPP 5 18. WP 3686.12.doc factual situation as it exist till today, will pass necessary orders within a period of eight weeks of the conclusion of the field visit and the pleadings.