Taimur Munnakha Pathan v. The State Of Maharashtra Through Its Secretary And Others
2025:BHC-AUG:24933
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 13430 OF 2024 Shaikh Babu Shaikh Hasan The State Of Maharashtra Through Secretary And Others WITH WRIT PETITION NO. 13442 OF 2024 WITH WRIT PETITION NO. 13446 OF 2024 WITH WRIT PETITION NO. 13913 OF 2024 WITH WRIT PETITION NO. 13925 OF 2024 WITH WRIT PETITION NO. 13428 OF 2024 WITH WRIT PETITION NO. 13929 OF 2024 WITH WRIT PETITION NO. 13444 OF 2024 WITH WRIT PETITION NO. 13917 OF 2024 WITH WRIT PETITION NO. 13438 OF 2024 WITH WRIT PETITION NO. 13424 OF 2024 WITH WRIT PETITION NO. 13922 OF 2024 WITH WRIT PETITION NO. 13923 OF 2024 WITH WRIT PETITION NO. 13911 OF 2024 WITH WRIT PETITION NO. 13440 OF 2024 WITH WRIT PETITION NO. 13919 OF 2024 WITH WRIT PETITION NO. 13441 OF 2024 WITH WRIT PETITION NO. 12226 OF 2024 WITH WRIT PETITION NO. 13426 OF 2024 WITH WRIT PETITION NO.
13445 OF 2024 WITH WRIT PETITION NO. 13425 OF 2024 WITH WRIT PETITION NO. 13439 OF 2024 WITH WRIT PETITION NO. 13908 OF 2024 WITH WRIT PETITION NO. 13924 OF 2024 WITH WRIT PETITION NO. 13928 OF 2024 WITH WRIT PETITION NO. 13927 OF 2024 WITH WRIT PETITION NO. 13926 OF 2024 WITH WRIT PETITION NO. 12228 OF 2024 WITH WRIT PETITION NO. 13427 OF 2024 WITH WRIT PETITION NO. 13915 OF 2024 WITH WRIT PETITION NO. 13918 OF 2024 WITH WRIT PETITION NO. 13910 OF 2024 WITH WRIT PETITION NO. 12242 OF 2024 WITH WRIT PETITION NO. 13930 OF 2024 WITH WRIT PETITION NO. 13909 OF 2024 WITH WRIT PETITION NO. 13912 OF 2024 WITH WRIT PETITION NO.
WITH WRIT PETITION NO. 13914 OF 2024 WITH WRIT PETITION NO. 12227 OF 2024 WITH WRIT PETITION NO. 13443 OF 2024 WITH WRIT PETITION NO. 13907 OF 2024 WITH WRIT PETITION NO. 13931 OF 2024 WITH WRIT PETITION NO. 13916 OF 2024 WITH WRIT PETITION NO. 12235 OF 2024 *** • Mr. A. A. More, Advocate for the Petitioners *** CORAM : R. M. JOSHI, J DATE : SEPTEMBER 25, 2025 PER COURT :
1.
This motion is moved for speaking to minutes of order dated 15.09.2025.
2.
It is submitted that in line 1 of paragraph 5 inadvertently the word 'not' after word shall is remained to be incorporated.
3.
This being inadvertent error, the prayer for speaking to minutes is allowed. After carrying out necessary corrections, fresh order be uploaded. (R. M. JOSHI, J.)
(This order is corrected pursuant to speaking to minutes order dated 25.09.2025)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 13430 OF 2024 Shaikh Babu Shaikh Hasan The State Of Maharashtra Through Secretary And Others WRIT PETITION NO. 13442 OF 2024 Vilas Shrirang Yadav WRIT PETITION NO. 13446 OF 2024 Subhash Bhanudas Yedle WRIT PETITION NO. 13913 OF 2024 Anwar Divanshah Sayyad WRIT PETITION NO. 13925 OF 2024 Dadarao Tatyarao Samudre Died Thr Lrs Saraswati Dadarao Samudre
WRIT PETITION NO. 13428 OF 2024 Damu Satvaji Korde WRIT PETITION NO. 13929 OF 2024 Vasant Khandu Tongale WRIT PETITION NO. 13444 OF 2024 Manchak Sadashiv Kamble WRIT PETITION NO. 13917 OF 2024 Najir Rasul Shaikh Died Through Lrs Ekabal Najir Shaikh WRIT PETITION NO. 13438 OF 2024 Harishchandra Raghunath Sonawane WRIT PETITION NO. 13424 OF 2024 Vishwanath Jagdevappa Birajdar Died Through Lrs Godavari Vishwanath Birajdar And Others
WRIT PETITION NO. 13922 OF 2024 Laxman Gundaji Sul WRIT PETITION NO. 13923 OF 2024 Amir Dadamiya Pathan WRIT PETITION NO. 13911 OF 2024 Dayanand Gangaramappa Bidve WRIT PETITION NO. 13440 OF 2024 Riyajoddin Burhanoddin Sayyad WRIT PETITION NO. 13919 OF 2024 Kondiba Bapurao Ujlambe
WRIT PETITION NO. 13441 OF 2024 Sudhakar Shankarrao Ghembad WRIT PETITION NO. 12226 OF 2024 Shripati Govind Suryawanshi WRIT PETITION NO. 13426 OF 2024 Yeshwant Devidasrao Kulkarni WRIT PETITION NO. 13445 OF 2024 Nehru Gyanoba Ghorpade WRIT PETITION NO. 13425 OF 2024 Annarao Vishwanath Mahajan WRIT PETITION NO. 13439 OF 2024 Laxman Ambadas Bharti
WRIT PETITION NO. 13908 OF 2024 Shardabai Manohar Tingare WRIT PETITION NO. 13924 OF 2024 Murlidhar Bapurao Jadhav Died Through Lrs Suman Murlidhar Jadhav WRIT PETITION NO. 13928 OF 2024 Usman Abdul Shaikh WRIT PETITION NO. 13927 OF 2024 Gangadhar Prabhu Survase Died Through Lrs Rukminbai Gangadhar Survase And Others WRIT PETITION NO. 13926 OF 2024 Manikrao Laxman Jagtap Died Through Lrs Indubai Manikrao Jagtap
WRIT PETITION NO. 12228 OF 2024 Venkat Premchand Udgirkar WRIT PETITION NO. 13427 OF 2024 Tukaram Pundlik Barche WRIT PETITION NO. 13915 OF 2024 Ananda Gopal Shinde Died Thr Lrs Urmila Shriram Shinde WRIT PETITION NO. 13918 OF 2024 Suman Vasant Tongale WRIT PETITION NO. 13910 OF 2024 Shivaji Dnyanoba Survase Died Through Lrs Vimal Shivaji Survase And Others
WRIT PETITION NO. 12242 OF 2024 Shrishailya Vithoba Vairagkar WRIT PETITION NO. 13930 OF 2024 Indrajit Laxman Musande Died Through Lrs Vijaya Indrajit Musande WRIT PETITION NO. 13909 OF 2024 Raghunath Nagnath Ubale Died Through Lrs Saroj Nagraj Chatraband WRIT PETITION NO. 13912 OF 2024 Virbhadra Shankarappa Muchate Died Thr Lrs Nilavati Virbhadra Muchate And Others WRIT PETITION NO. 13906 OF 2024 Taimur Munnakha Pathan The State Of Maharashtra Through Its Secretary And WRIT PETITION NO. 13914 OF 2024
Shripati Eknath Bhosale Died Through Lrs Najukabai Shripati Bhosale WRIT PETITION NO. 12227 OF 2024 Tamma Vithoba Vairagkar WRIT PETITION NO. 13443 OF 2024 Sheshrao Mahadeo Shinde WRIT PETITION NO. 13907 OF 2024 Bhanudas Pandhari Kamble WRIT PETITION NO. 13931 OF 2024 Goroba Sambhaji Gandle Died Through Lrs Baburao Goroba Gandle WRIT PETITION NO. 13916 OF 2024 Vishwanath Nagnath Harsude
WRIT PETITION NO. 12235 OF 2024 Manohar Vishwanath Swami ...
Mr. A. A. More, Advocate for the Petitioner Mr. V. M. Chate, AGP for Respondent Nos. 1 and 2 Mr. P. P. Shahane, Advocate for Respondent No. 3 *** CORAM : R. M. JOSHI, J DATE : SEPTEMBER 15, 2025 PER COURT :
1.
These Petitions are heard for some time.
2.
Learned Counsel for the Petitioners, on instructions, makes statement that Petitioners would get their right determined from the Competent Authority/Court in accordance with law. If such right is determined, liberty be granted to the Petitioners move an application under Section 33(C-2) of the Industrial Disputes Act, 1947.
3.
Learned Counsel for Respondent No. 3. opposes the same.
4.
Prima facie perusal of the impugned order
indicates that for want of pre determination of right of the Petitioners, Applications under Section 33(C-2) of the Industrial Disputes Act, 1947, which is in the nature of execution proceedings, came to be rejected. The workmen are within their right to get the disputed issue adjudicated from competent Court and then to seek execution thereof. Hence, Petitions stand dismissed as withdrawn with liberty as prayed.
5.
Dismissal of the Petitions shall not come in way of the workmen to get their rights determined in accordance with law.
(R. M. JOSHI, J.)