B.G.Exploration And Production India Ltd And ANR v. The State Of Maharashtra And ORS

1 of 2 WP.1066.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1066 OF 2015

1. B.G.Exploration and Production India Ltd;

office at Veshvi, Post-Dighode, Tal.Uran, District Raigad.

2. Shaleen Sharma, Managing Director of Petitioner no.1 above.

Petitioners versus

1. State of Maharashtra,

2. S.G.Bhor, Inspector under Mathadi, Hamal and Others Manual Workers (Regulation of Employment and Welfare) Act, 1969,

3. Chairman of Mathadi Board, Mumbai.

Respondents Mr.Arshad Shaik, Ms.Azmin Irani, Mr.Murtaza Kachwala, Mr.Prateek Katewa i/by HSA Advocates for Petitioners.

Mrs.S.V.Sonawane, APP, for State.

Mr.B.S.Mahamulkar with R.D.Oak for Respondents 2 and 3. CORAM : NARESH H. PATIL AND PRAKASH D. NAIK, JJ.

DATE :

7th September 2016 PC :

1.

Learned counsel appearing for contesting parties present consent terms dated 7th September 2016 signed by Petitioner nos.1 and 2 and Respondent nos.2 and 3 respectively. It is also signed by learned counsel for Petitioners and learned counsel for Respondent nos.2 and 3 respectively. Consent Terms dated 7th September 2016 is taken on record and markex "X" for identification.

2 of 2 WP.1066.2015 2.

Learned counsel for contesting parties submit that necessary orders consequent to the presentation of the consent terms be passed.

3.

We have perused the consent terms. Paragraphs 2 and 3 of the consent terms read as under :

"2.

Pursuant to the registration process being completed, the parties agree that the Petitioner no.1 shall register the eight workers with the Mathadi Board who are presently engaged for doing manual work and shall engage only these registered workers for mathadi type of work;

3.

In lieu of the registration of the Petitioner no.1 with the Mathadi Board, the Respondent nos.2 and 3 hereby give their consent for quashing of the Complaint (MHWA) No.3 of 2014 and summons issued therein, by the Labour Court at Mahad."

4.

In view of filing of consent terms and in view of request made by learned counsel appearing for parties, we quash and set aside complaint MHWA No.3 of 2014 pending on the file of Labour Court, Mahad. Petition is disposed of in terms of Consent Terms dated 7th September 2016.

(PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.) MST