Waman Namdev Bhakare And Others v. The State Of Maharashtra Through Principal Secretary And Others

5156.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 62 WRIT PETITION NO.5156 OF 2023 WAMAN NAMDEV BHAKARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ....

Mr A. D. Sugdare, Advocate for Petitioners;

Mr S. K. Tambe, A.G.P. for Respondent Nos.1 to 7 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 9th October, 2023 PER COURT:

1.

The Petitioners claim that they are temporary employees working as 'Van Majoor'. By the impugned order dated 11/04/2022, their Miscellaneous Application No.150/2020, seeking condonation of delay in filing the Original Application before the learned Maharashtra Administrative Tribunal (Tribunal), has been rejected. Undisputedly, the Petitioners are workmen under Section 2(s) of the Industrial Disputes Act, 1947 (I.D. Act) and the Respondent is an 'Industry' under Section 2(j).

5156.23wp (2) 2.

In view of the above, we find that the Petitioners can raise an industrial dispute under Section 2(k) of the I.D. Act and espouse their cause for seeking regularization. 3.

The learned Advocate for the Petitioners submits that the Petitioners would avail of the said remedy. 4.

In view of the above, this Writ Petition is disposed off with liberty. The order of the learned Tribunal and the disposal of this Petition would not be an impediment. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk