Bombay High CourtWP/1058/2019rule made absolute

Micro Economic Environment Solution Pvt. Ltd. v. Shri. Siddharth Dadu Kamble And ANR

2019-03-28Hon'Ble Shri Justice M. S. Karnik26 pages

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14705 OF 2018 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Smt. Mangal Bhupal Khandekar And Anr ....Respondents WRIT PETITION NO. 1030 OF 2019 Micro Economic Environment Solutions Pvt.ltd ....Petitioner Sou.Gangubai Shivaji Kamble And Anr WRIT PETITION NO. 1031 OF 2019 Micro Economic Evnironments Solutions Pvt.

Ltd.

Shri. Subhash Vishnu Kamble And Anr WRIT PETITION NO. 1032 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Yashwant Gaikwad Sou. Maya Raju Waghwekar And Anr WRIT PETITION NO. 1033 OF 2019 Micro Economic Evnironments Solutions Pvt.

Ltd. Through Its Authorised Signatory Shri. Krishna Bhupal Kamble And Anr ....Respondents 1/26

WRIT PETITION NO. 1034 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Yashwant Gaikwad Smt. Banu Sunil Mhetar And Anr WRIT PETITION NO. 1035 OF 2019 Micro Economic Environment Solutions Pvt.ltd ....Petitioner Sou.Bebitai Bhaskar Sikhare And Anr WRIT PETITION NO. 1036 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Yashwant Gaikwad Shri. Manoj Shrirang Kamble And Anr WRIT PETITION NO. 1037 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Its Authorised Signatory Shri. Babaso Vinayak Sasne And Anr.

WRIT PETITION NO. 1038 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Its Authorised Signatory Shri. Rajendra Gulab Sawant And Anr.

2/26

WRIT PETITION NO. 1039 OF 2019 Micro Economic Environment Solutions Pvt.ltd Through Its Authorized Signatory Shri.Raju Shripati Waghwekar And Anr WRIT PETITION NO. 1040 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Its Authorised Signatory Shri. Manoj Chandramani Kadale And Anr. ....Respondents WRIT PETITION NO. 1041 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Shri Sarjerao Bapu Kamble And Anr WRIT PETITION NO. 1042 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Sou. Ranjan Netaji Kamble And Anr WRIT PETITION NO. 1043 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Shri. Yashwant Gaikwad Smt. Jyoti Satish Povale And Anr 3/26

WRIT PETITION NO. 1044 OF 2019 Micro Economic Environment Solutions Pvt.ltd Through Its Authorises Signatory Shri.Dinkar Sitaram Kambale And Anr WRIT PETITION NO. 1045 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Its Authorised Signatory Shri. Sachin Sambhaji Kamble And Anr.

WRIT PETITION NO. 1046 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Its Authorised Signatory Sou. Shobha Mayappa Kamble And Anr.

WRIT PETITION NO. 1047 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Its Authorised Signatory Sou. Parvati Devappa Kamble And Anr.

WRIT PETITION NO. 1048 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Shri. Yashwant Gaikwad Smt. Usha Babaso Sasne And Anr ....Respondents 4/26

WRIT PETITION NO. 1049 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Shri. Yashwant Gaikwad Shri. Satyavan Dharma Kamble And Anr WRIT PETITION NO. 1050 OF 2019 Micro Economic Environment Solutions Pvt.ltd Through Its Authorises Signatory Shri.Shashikant Appanna Kamble And Anr WRIT PETITION NO. 1051 OF 2019 Micro Economic Evnironments Solutions Pvt.

Ltd.

Shri. Sandeep Dayanand Kamble And Anr WRIT PETITION NO. 1052 OF 2019 Micro Economic Evnironments Solutions Pvt.

Ltd.

Sou. Sama Ramesh Kamble And Anr WRIT PETITION NO. 1053 OF 2019 Micro Economic Evnironments Solutions Pvt.

Ltd.

Sou.Nilam Rajkumar Kamble And Anr 5/26

WRIT PETITION NO. 1054 OF 2019 Micro Economic Evnironments Solutions Pvt.

Ltd.

Smt. Ranjana Shranappa Koli And Anr WRIT PETITION NO. 1055 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Shri. Vijya Yashwant Kamble And Anr WRIT PETITION NO. 1056 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Yashwant Gaikwad Shri. Jalindar Narsing Rajput And Anr WRIT PETITION NO. 1057 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Yashwant Gaikwad Shri. Shrirang Shripati Kamble And Anr WRIT PETITION NO. 1058 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Shri. Siddharth Dadu Kamble And Anr 6/26

WRIT PETITION NO. 1059 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Shri. Vishwanath Vasant Kurne And Anr ....Respondents WRIT PETITION NO. 1060 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Yashwant Gaikwad Shri. Maruti Basappa Awale And Anr WRIT PETITION NO. 1061 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Shri. Santosh Mahaveer Kamble And Anr ....Respondents WRIT PETITION NO. 1062 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Sou. Meena Maruti Awale And Anr WRIT PETITION NO. 1063 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Shri. Ashok Shivaji Vathare And Anr ....Respondents '

7/26

WRIT PETITION NO. 1064 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Sou. Vatsal Ashok Gadgade And Anr WRIT PETITION NO. 1065 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Sou. Sunita Nandu Kamble And Anr WRIT PETITION NO. 1066 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Smt. Laxmi Rajaram Chavan And Anr ....Respondents WRIT PETITION NO. 1120 OF 2019 Micro Economic Environment Solutions Pvt.ltd Through Its Authorized Signatory Sou.Vimal Balaso Powale And Anr WRIT PETITION NO. 1124 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Shri. Yashwant Gaikwad Sou.Lata Raju Kamble And Anr 8/26

WRIT PETITION NO. 1125 OF 2019 Micro Economic Environment Solutions Pvt.

Ltd. Through Yashwant Gaikwad Sou. Jayashree Bhagwan Kurne And Anr WRIT PETITION NO. 1126 OF 2019 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Shri. Goutam Shamrao Kamble And Anr WRIT PETITION NO. 6996 OF 2018 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Smt.Ujawala Sunil Tivde And Anr WRIT PETITION NO. 8170 OF 2018 Micro Economic Environment Solution Pvt. Ltd. ....Petitioner Sou.Jayashree Subhash Kamble And Anr WRIT PETITION NO. 9506 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Satyawan Dharma Kamble And Anr.

9/26

WRIT PETITION NO. 10776 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Sunita Nandu Kamble And Anr.

WRIT PETITION NO. 10782 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Shri. Subhash Vishnu Kamble WRIT PETITION NO. 10784 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Meena Maruti Aavle And Anr.

WRIT PETITION NO. 10785 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Shri. Jalandar Narsingh Rajput And Anr. ....Respondents WRIT PETITION NO. 10788 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Shrimati Vatsala Ashok Gadgade And Anr.

10/26

WRIT PETITION NO. 10790 OF 2017 Jaisingpur Nagar Parishad Jaisingpur , Through Its Chief Officer Shri. Kamal Dilip Kamble And Anr.

WRIT PETITION NO. 10957 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Smt. Shobha Mayappa Kamble And Anr.

WRIT PETITION NO. 10958 OF 2017 Jaisingpur Nagar Parishad Jaisingpur , Through Its Chief Officer Shri. Gautam Shyamrao Kamble And Anr.

WRIT PETITION NO. 10959 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Shri. Vijay Yashwant Kamble And Anr.

WRIT PETITION NO. 10960 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Laxmi Rajaram Chavan And Anr.

11/26

WRIT PETITION NO. 10961 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Jyoti Satish Povale And Anr. ....Respondents WRIT PETITION NO. 10962 OF 2017 Jaisingpur Nagar Parishad , Jaisingpur , Through Its Chief Officer Shri. Sarjerao Bapu Kamble And Anr.

WRIT PETITION NO. 10963 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Santosh Mahavir Kamble And Anr.

...Respondents

WRIT PETITION NO. 10964 OF 2017 Jaisingpur Nagar Parishad Jaisingpur , Through Its Chief Officer Shri. Siddharth Dadu Kamble And Anr.

WRIT PETITION NO. 10965 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Smt. Ranjana Netaji Kamble And Anr.

12/26

WRIT PETITION NO. 10966 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Manoj Chandramani Kdale And Anr.

WRIT PETITION NO. 11004 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Vimal Balaso Povale And Anr.

WRIT PETITION NO. 11005 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Shri. Shashikant Aanapaa Kamble And Anr. ....Respondents WRIT PETITION NO. 11006 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Shri. Raju Shreepati Waghvekar And Anr.

WRIT PETITION NO. 11007 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Smt. Ranjana Sharnapaa Koli And Anr.

13/26

WRIT PETITION NO. 11008 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Shreerang Shreepati Kamble And Anr. ....Respondents WRIT PETITION NO. 11009 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Smt. Jayshree Bhagwan Kurane And Anr. ....Respondents WRIT PETITION NO. 11010 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Rajendra Gulab Savant And Anr. ....Respondents WRIT PETITION NO. 11011 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Vishwanath Vasant Kurne And Anr. ....Respondents WRIT PETITION NO. 11012 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Smt. Lata Raju Kamble And Anr.

...Respondents

14/26

WRIT PETITION NO. 11013 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Sachin Sambhaji Kamble And Anr. ....Respondents WRIT PETITION NO. 11014 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Smt. Neelam Rajkumar Kamble And Anr . ....Respondents WRIT PETITION NO. 11015 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Shri. Maruti Basapaa Aavale And Anr. ....Respondents WRIT PETITION NO. 11016 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Manisha Nivrutti Kamble And Anr. ....Respondents WRIT PETITION NO. 11017 OF 2017 Jaisingpur Nagar Parishad Jaisingpur , Through Its Chief Officer Smt. Parvati Devappa Kamble And Anr.

15/26

WRIT PETITION NO. 11018 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Krushna Bhupal Kamble And Anr. .

...Respondents

WRIT PETITION NO. 11024 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Usha Babaso Sasne And Anr.

WRIT PETITION NO. 11499 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Ashok Shivaji Vethare And Anr.

WRIT PETITION NO. 11502 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Smt. Malan Prakash Chavan And Anr.

WRIT PETITION NO. 11504 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Dinkar Sitaram Kamble And Anr.

16/26

WRIT PETITION NO. 11505 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Jayshree Subhash Kamble And Anr.

WRIT PETITION NO. 11506 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Sama Ramesh Kamble And Anr.

WRIT PETITION NO. 11507 OF 2017 Jaisingpur Nagar Parishad, Jaisingpur Through Its Chief Officer Smt. Mangal Bhupal Khandekar And Anr.

WRIT PETITION NO. 11509 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Manoj Shrirang Kamble And Anr.

WRIT PETITION NO. 11513 OF 2017 Jaisingpur Nagar Parishad Jaisingpur , Through Its Chief Officer Smt. Babytai Bhaskar Shikhare And Anr.

17/26

WRIT PETITION NO. 11514 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Sunita Nandu Kamble And Anr.

WRIT PETITION NO. 11525 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Gangubai Shivaji Kamble And Anr.

...Respondents

WRIT PETITION NO. 11533 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Ujwala Sunil Tiwade And Anr.

...Respondents

WRIT PETITION NO. 11535 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Babaso Vinayak Sasane And Anr.

WRIT PETITION NO. 11536 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Maya Raju Waghvekar And Anr.

18/26

WRIT PETITION STAMP NO. 14277 OF 2018 Micro Economic Environment Solutions Pvt.

Ltd. Through Yashwant Gaikwad Smt. Manisha Nivrutti Kamble And Anr WRIT PETITION STAMP NO. 23293 OF 2017 Jaisingpur Nagar Parishad Jaisingpur, Through Its Chief Officer Smt. Banoo Sunil Mehtar (beg) And Anr.

WRIT PETITION STAMP NO. 23447 OF 2017 Jaisinghpur Nagar Parishad Jaisinghpur Through Its Chief Officer Shri. Sandeep Dayanand Kamble And Anr.

Mr.Manoj.A.Patil For Petitioner in WP Nos.14705/18,1030/19 to 1066/19, 1120/19,1124/19,1125/19,1126/19, 6996/18, 8170/18, st.14277/18.

Mr.K.S.Bapat i/b Ms. Desai and Desai Associates for Petitioners in WP Nos. 9506/17, 10776/17, 10782/17, 10784/17, 10785/17, 10788/17, 10790/17,10957/17 to 10966/17, 11004/17 to 11018/17, 11024/17, 11499/17, 11502/17, 11504/17, 11505/17, 11506/17, 11507/17, 11509/17, 11513/17, 11514/17, 11525/17, 11533/17, 11535/17, 11536/17, st. 23293/17 & st.23447/17 19/26

Mr.Sandeep S.Mutalik a/w Mr.Sandeep Mahadik, for Respondents No.1 in all matters.

Mr.Jayesh K.Desai I/b M/s.Desai & Desai Associates, for Respondent No.2 in WP Nos.14705/18,1030/19 to 1066/19, 1120/19,1124/19,1125/19,1126/19, 6996/18, 8170/18, st.14277/18.

Mr.Manoj G.Patil for Respondents No.2 in WP Nos.9506/17,10776/17,10782/17,10784/17,10785/17,10788/ 17, 10790/17,10957/17 to 10966/17, 11004/17 to 11018/17, 11024/17, 11499/17, 11502/17, 11504/17 to 11507/17, 11509/17,11513/17, 11514/17, 11525/17, 11533/17, 11535/17, 11536/17, st.23293/17 & st.23447/17 CORAM : M.S.KARNIK, J.

DATE : 28th MARCH, 2019 P.C. :

Rule. The respondents waive service. By consent, Rule made returnable forthwith and heard finally. 2.

Jaisingpur Nagar Parishad by this Petition under Articles 226 & 227 of the Constitution of India has challenged the order dated 28/04/2017 passed by the Competent Authority under the Minimum Wages Act, 1948 (for short 'the said Act'). The employees under the banner of General Labour Union had filed a Complaint before the Government Labour Officer claiming that they have not being paid difference of minimum wages as well as they have not been paid provident fund and 20/26

other benefits contemplated under the labour legislation. The employees filed application before the Competent Authority under the said Act for payment of difference of the minimum wages to the extent as stated in the schedule of the application. The Municipal Council filed written statement on 07/09/2015. The Municipal Council also filed their written argument on 28/12/2015.

Competent Authority by the impugned order dated 28/04/2017 allowed the application and directed payment of the difference of the minimum wages. Apart from allowing the claim, Competent Authority imposed penalty of 10 times the differential amount of claim.

Learned Counsel for the petitioners submitted that the proceedings conducted before the Competent Authority were conducted in a haphazard manner. He would submit that though in the impugned order, it is stated that the respondent - employees filed the affidavit of evidence on 23/05/2016, 21/26

however, this is not borne out from the roznama which is annexed along with the Petitions. He would further submit that the copy of the affidavit of evidence should have been supplied to the petitioners. In his submission, apart from the procedure as contemplated by Rule 32 of the Maharashtra Minimum Wages Rules, 1963 (for short 'the said Rules') is not complied with, even the requirement of the Rule 34A regarding maintenance of roznama is also not followed. He submits that while imposing penalty 10 times of the differential amount of minimum wages, no reasons whatsoever have been given by the Competent Authority. Learned Counsel would submit that it is ultimately a question of public funds involved. The procedure as contemplated by Rules ought to have been followed by the Competent Authority. He submits that opportunity should be given to the petitioners to represent their case effectively before the Competent Authority in the interest of justice. 4.

Learned Counsel for the Contractor in connected matters has adopted the arguments of Shri Bapat. He also 22/26

requests for an opportunity to appear before the Authority. He submits that no notice is issued to the Contractor. He invited my attention to the roznama which does not reflect the service of the notice on the contractors.

Learned Counsel for the respondent No.1 opposes the Petitions. He would submit that adequate opportunity was given to the petitioners to appear before the authority. He invited my attention to the roznama to contend that the petitioner - Municipal Council though appeared initially, has remained absent in the proceedings thereafter. He would submit that the Contractor has not even bothered to appear in the proceedings. He therefore prays that the impugned order be not interfered with.

Heard learned Counsel for the parties. I have gone through the impugned order and the roznama as well. The petitioner - Municipal Council has filed its written statement and written argument. Perusal of Rule 34A of the said Rules would 23/26

indicate the manner in which roznama has to be maintained. Upon going through the roznama, it is evident that the roznama does not contain the factum of respondent No.1 filing the affidavit of evidence. I find that that the roznama has not been maintained in the manner as expected under Rule 34 A of the said Rules. Be that as it may, in my opinion, apart from this, it is necessary and in the interest of justice to provide one opportunity to the petitioners to represent their case effectively before the Competent Authority. It is obvious that after filing the written statement and written argument, the petitionerMunicipal Council has failed to remain absent. It is therefore necessary to put the Municipal Council to some terms so as to protect the interest of respondent No.1.

It is the case of the Contractor that he was not in receipt of any notice as regards the proceedings. Though roznama does not indicate the service of notice, learned Counsel for the respondent No.1 invited my attention to the letter dated 05/02/2016 which is in fact the notice addressed to the Contractor. Even this aspect is not borne out from the roznama.

24/26

It is in this view of the matter, with a view to give an opportunity to the petitioner- Municipal Council and the petitioner - Contractor in connected Petitions to make an effective representation that I am inclined to remit the matters back to the Competent Authority for hearing the same afresh. Hence, the following order.

O R D E R

(i) The impugned orders dated 28/04/2017 of the Competent Authority in all the Petitions are quashed and set aside.

(ii) The Competent Authority to decide the applications afresh on its own merits after giving an opportunity to the petitioners and the respondent No.1.

(iii) The authorised representative of petitioner - Municipal Council and Petitioner- Contractor undertake to remain present before the Competent Authority on 15/04/2019 at 3.00 p.m. when the Competent Authority may fix the further schedule of hearing. (iv) The Competent Authority to decide the applications 25/26

expeditiously and in any case, within a period of 4 months from 15/04/2019.

(v) The petitioners undertake to co-operate with the Competent Authority and assure the Court that they will not seek unnecessary adjournments.

(vi) The petitioner - Municipal Council to deposit claim amount of Rs.518736/- as granted by the Competent Authority with the Competent Authority within a period of 6 weeks from today.

(vii) The Competent Authority to invest the said amount in a fixed deposit in any Nationalised Bank till the decisions on the applications.

(viii) All the contentions are kept open.

Rule is partly made absolute in the above terms with no order as to costs.

(M.S.KARNIK, J.) 26/26