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Bombay High CourtWP/1059/2019disposed off

Rashtriya Chemical Fertilizers Ltd v. State Election Commission And 2 ORS

2019-04-03Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice M.S. Sanklecha2 pages

1 wpl-943.19.docx pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.943 OF 2019 Rashtriya Chemical Fertilizers Limited ... Petitioner Vs.

State Election Commission and Ors.

... Respondents Mr. Pralhad Paranjpe a/w Mr. M.S. Bodhanwalla, Mr. Rushabh M. Sheth, Mr. Sheroy M. Bodhanwalla, Ms. Nidhi Boriya I/b. M/s. M.S. Bodhanwalla & Co. for the Petitioner.

Ms. Jyoti Chavan, AGP for the Respondent - State. Mr. Rajendra Borkar, Resident Deputy Collector, MSD is present. Mr. S.B. Potpose, General Manager, H.R. of the petitioner is present. CORAM :

A.S.OKA AND M.S. SANKLECHA, JJ.

DATE :

3rd APRIL 2019.

P.C. :

Heard the learned counsel appearing for the petitioner and the learned AGP. The learned AGP who represents the second and third respondents on instructions of Shri. Rajendra Borkar, Resident Deputy Collector, MSD states that out of the employees of the petitioner, the said respondents will not requisition services of 479 employees (whose names appear in the List - C annexed to the letter dated 29th March 2019 addressed by the petitioner to the Respondent No.3) for election work of ensuing Loksabha Election to be held on 29th April 2019. A copy of the said letter dated 29th March 2019 is annexed to the affidavit of

2 wpl-943.19.docx Shri Rajendra Borkar, filed on behalf of second and third respondents which is dated 1st April 2019. It is stated by the petitioner that presence of 479 employees is mandatory to ensure that running plant of the petitioner does not close down.

In view of the aforesaid statement made by the learned AGP on instructions and in view of the acceptance of the said statement by the Court, the learned counsel appearing for the petitioner on instructions of Shri S.B. Potpose, General Manager (HR) states that the petitioner does not want to press the petition. Accordingly, by accepting the aforesaid statements, the petition is disposed of.

(M.S. SANKLECHA, J.) (A.S.OKA, J.)