Smt. Baby Kashinath Bhagat v. The Manager, M.S.E.B. And ANR.

42-wp-902-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 902 OF 2015 Smt.Baby Kashinath Bhagat ....Petitioner Vs.

The Manager, M.S.E.B. & Anr.

State of Maharashtra (Through LD A.G.P. of Bombay High Court) ....Respondents ----- Mr.Vilas N. Mali for the Petitioner.

Mr.Nirav Shah i/by Little & Co. for the Respondent No.1. Ms.Nisha Mehra, AGP for the Respondent-State. ---- CORAM : ANOOP V. MOHTA AND RAVINDRA V. GHUGE, JJ.

DATE : 28 APRIL 2017.

ORDER:- 1.

The petitioner contends that she has been working with the Maharashtra State Electricity Board for the last 24 years. It is then stated that she is not in employment for the last six months. 2.

There is no dispute that the MSCB has undergone a trifurcation in 2006 and the Maharashtra State Electricity Distribution Company, Maharashtra State Electricity Generation Company and the Maharashtra State Electricity Transmission Company having been formulated. N. S. Kamble 1/2

42-wp-902-2015.doc 3.

The petitioner claims to be a Workman under Section 2(s) of the I.D. Act and the Employee under Section 3(5) of the MRTU and Pulp Act 1971.

4.

We do no find that the claim for regularization in the above backdrop of disputed questions of facts and law could be considered by us in our writ jurisdiction.

5.

Considering the above, this petition is disposed of with liberty to the petitioner to put forth her grievance before the appropriate authority/Forum by raising an Industrial dispute under the I.D. Act 1947 or any other labour legislation under which she may have a remedy available. (RAVINDRA V. GHUGE, J.) (ANOOP V. MOHTA, J.) N. S. Kamble 2/2