Sangita Vinayak Parate And Others v. The Chief Secretary Govt Of Maharashtra State And Others

2024:BHC-AUG:16062-DB 31-WP-7726-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7726 OF 2024 SANGITA VINAYAK PARATE AND OTHERS

VERSUS

THE CHIEF SECRETARY GOVT OF MAHARASHTRA STATE AND OTHERS ....

Mr. V. L. Dhoble, Advocate for the Petitioners Mr. M. M. Nerlikar, AGP for Respondent - State ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 29.07.2024 PER COURT :- 1.

These four Petitioners pray for promotions and other service benefits. All of them are workmen as defined under Section 2(s) of the Industrial Disputes Act, 1947 and are employees under Section 3(5) of the M.R.T.U. and P.U.L.P. Act, 1971. The Sant Rohidas Leather Industries and Charmakar Development Corporation Limited, is an industry under Section 2(j) of the Industrial Disputes Act, 1947.

2.

If the Petitioners are claiming service benefits and promotional benefits, they will have to approach the Industrial Court to establish their rights, since there may be many

(( 2 )) 31-WP-7726-2024.odt comparable workers or even senior workers, who may have not approached this Court. Merely because these Petitioners have approached the High Court, would not mean that a direction to grant the benefits, could be issued. So also, disputed questions cannot be gone into in our Writ jurisdiction. 3.

The Petitioners have tendered representations to the Managing Director of Respondent No.3, dated 05.10.2023 and 11.06.2024. The same are still pending.

4.

If the Petitioners desire, they are at liberty to approach the Industrial Court for seeking benefits of promotion in terms of the policies as may be applicable.

5.

With the above observations, this Writ Petition is disposed off.

All contentions of the litigating parties are kept open.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS