Maharashtra Rajya Suraksha Rakshak And General Kamgar Union v. The State Of Maharashtra Thr The Deputy Secretary And ANR

2024:BHC-AS:21585-DB Sayyed 38-WP.11953.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11953 OF 2023 Maharashtra Rajya Suraksha Rakshak and General Kamgar Union ..Petitioner Vs.

The State of Maharashtra, Through the Deputy Secretary & Anr.

..Respondents __________ Mr. Avinash Belge for the Petitioner.

Mr. N. K. Rajpurohit, AGP for Respondent No.1-State. Mr. Amardev J. Uniyal a/w. B. L. Mangale & Mr. Anand S. Oka for Respondent No.2.

__________ CORAM :

A. S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE :

7th MAY 2024.

P.C.:

1.

We have heard the learned counsel for the parties. The only prayer made by the Petitioner is for consideration of various applications made by the Members of the Petitioner-Union seeking grant of registration under the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981.

2.

Out attention is invited to the order dated 20th September 2022 passed in Writ Petition No.4725 of 2018 (Pradeep Shankar Patil & Ors. vs. Security Guards Board for Greater Mumbai and Thane District & Ors.). In our view, the directions issued in paragraphs 3 to 6 of that order which are re-produced hereunder can also be issued in this writ

Sayyed 38-WP.11953.2023.doc petition. Paragraphs Nos.3 to 6 read as under:- "3. A coordinate Bench of this Court by its order dated 8th February 2017 passed in Writ Petition No. 2939 of 2016 (Pune District Suraksha Rakshak and General Kamgar Union vs. The State of Maharashtra and Ors.) has laid down guidelines for expediting decisions on the applications made for registration of security guards.

4. We dispose of this writ petition with a direction upon the respondent no. 1 to consider the applications submitted by the petitioners on their own merits, in accordance with law and in the light of the directions made in Pune District Suraksha Rakshak and General Kamgar Union (supra) without any delay.

5. All contentions on merits are left open.

6. If in any particular case, the application of a security guard is not granted, the respondent no. 1 shall pass a reasoned order and communicate the same to the applicant."

3.

The Writ Petition is disposed of by directing the parties to act in accordance with paragraph 3 hereinabove. The applications shall be considered in the chronology in which they have been made. Ordered accordingly.

[JITENDRA JAIN, J.] [A. S. CHANDURKAR, J.] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 09/05/2024 12:24:28